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Torts
Premises Liability
Dangerous Condition, Fire

Wendy Linka and Kevin Bowers v. Gary Gragg, Chastain Electric and Joe Chastain

Published: Nov. 30, 2013 | Result Date: Oct. 1, 2013 | Filing Date: Jan. 1, 1900 |

Case number: FCS033703 Settlement –  $50,000

Court

Solano Superior


Attorneys

Plaintiff

Richard W. Meier

Susan Y. Kang-Gordon
(Law Office of Susan Kang Gordon)


Defendant

Jonathan Howard Erb

Stephen J. Schori
(Law Offices of John A. Biard)


Experts

Plaintiff

Richard Tossetti
(technical)

Defendant

Frank Hsu
(technical)

Facts

In 2006, Wendy Linka and Kevin Powers rented a farmhouse from Cary Gragg. In 2008, the farmhouse was destroyed in a fire, and Linka was injured.

Linka and Bowers sued Gragg, Chastain Electric, and its owner, Joe Chastain.

Contentions

PLAINTIFF'S CONTENTIONS:
Linka and Bowers argued that Gragg hired Chastain Electrical to do some work on the building's electrical system, but Chastain Electric didn't secure a building permit and used unlicensed, unsupervised workers to do the work. The code violations then led to problems in the electrical work, which caused the fire.

DEFENDANT'S CONTENTIONS:
The defendants denied any code violations, and argued that the electrical system had worked fine for two years after the repairs were made. An expert also stated that the power had been working when the fire occurred, meaning there had been no failure of the electrical system.

Damages

Linka sought $400,000 in personal property losses, as well as medical costs and pain and suffering.

Result

Gragg settled with Bowers for $25,000, then later also settled with Linka for $25,000.

Other Information

Chastain and Chastain Electric settled with both Bowers and Linka for a confidential amount. INSURERS: Travelers Indemnity Co. (Chastain Electric and Joe Chastain); State Farm General Insurance Co. (Gary Gragg)


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