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Torts
Premises Liability
Negligent Assembly or Installation, Fire

Wilma Mason v. Jeffrey Laughlin

Published: Nov. 30, 2013 | Result Date: Oct. 14, 2013 | Filing Date: Jan. 1, 1900 |

Case number: CGC-12-527235 Settlement –  $1,000,000

Court

San Francisco Superior


Attorneys

Plaintiff

Charles O. Geerhart

Thomas A. Paoli
(Paoli & Geerhart LLP)


Defendant

Edward J. Rodzewich


Facts

On April 14, 2010, a fire broke out in Wilma Mason's apartment. Mason's roommate accidentally deposited live cigarette ashes into a trashcan, which started a small fire. Mason, 44, was injured due to smoke inhalation.

Mason sued Jeffrey Laughlin, the owner of the building.

Contentions

PLAINTIFF'S CONTENTIONS:
Mason argued that the building should have had more smoke detectors, and that the apartment was required to have four by the San Francisco Building Code. Instead, there was only one smoke detector. If there had been an appropriate number of detectors, plaintiff would have detected the fire and Mason's injuries could have been avoided. The sole fire alarm in the apartment did not go off on the night of the fire.

DEFENDANT'S CONTENTIONS:
Laughlin argued that Mason had tampered with the fire detector, so that she could use candles in the apartment. As a result, he argued, the smoke detector had only failed to go off because Mason had disconnected it.

Damages

Mason sought $1,205,268 in medical costs. Plaintiff also sought recovery of general damages.

Injuries

Mason went into an induced coma, and required medical ventilation. She later developed acute respiratory distress syndrome, acute kidney injury, deep vein thrombosis, gastrointestinal hemorrhage, and critical illness myopathy (CIM is a syndrome of widespread muscle weakness and neurological dysfunction).

Result

The parties settled for $1 million policy limits.

Other Information

INSURER: Farmers Insurance Group


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