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