Kelly Torres, et al. v. Elmer and Curtistine Baker
Published: Dec. 6, 1997 | Result Date: Sep. 10, 1997 | Filing Date: Jan. 1, 1900 |Case number: 7553107 – $354,120
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)
Defendant
Experts
Plaintiff
Clifford Tschetter
(medical)
Jerry Blueford
(technical)
Facts
The decedent, Salvador Torres, a 40-year-old laboratory technician, rented a house in East Oakland from defendants, Elmer and Curtistine Baker. On Dec. 23, 1994, after visiting his estranged wife, Kelly Torres, and making plans to spend the Christmas holiday together with their two children, the decedent went to the laundromat to do the family's wash. The decedent then went home, where he hung some of the still damp laundry near a floor heater and went to sleep on a mattress in the living room. The two bedrooms in the house were crowded with boxes from his recent move. A sheet he had placed either near or on top of the floor heater caught fire. When the decedent awoke, the fire had developed to the point where it blocked his access to the hallway to the rest of the house, trapping him in the living room. The front door of the house was locked with a double deadbolt lock that required a key to open it from the inside. The location of the key at the time of the fire was unknown. The living room windows were blocked by security bars that could not be opened. A neighbor saw decedent beating on one of the windows and calling for help. Police officers who arrived several minutes later were able to pry one of the window bars off from the outside and remove decedent from the house. He had suffered from smoke inhalation and sustained second and third degree burns over approximately 65 percent of his body. Before his death, he told investigators that he had consumed a few beers before going to sleep and had placed a sheet over the floor heater in order to dry it. At the time of his death, the decedent had been separated from his wife for several months, but they were engaged in counseling and were hoping to reconcile. They had two children, Nora, age 8, and Andrea, age 10. Andrea was born with severe physical and mental disabilities and cannot speak, walk or care for herself. The plaintiffs, the decedent's heirs, brought this action against defendants based on a negligence theory of recovery.
Settlement Discussions
The plaintiffs made a settlement demand for $150,000. The defendant made an offer of $13,000.
Specials in Evidence
$89,683 (decedent's medicals)
Injuries
Death of a husband and father.
Other Information
The verdict was reached approximately two years and one month after the case was filed. EXPERT TESTIMONY: Plaintiff's expert, Oakland Fire Marshall Jerry Blueford, testified that the absence of a smoke detector was a factor causing the decedent's injuries and that security bars that could not be opened were a known hazard.
Deliberation
one day
Poll
varied
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390