Magda Nyeki, et al. v. City of El Cajon, et al.
Published: Jan. 25, 1997 | Result Date: Dec. 17, 1996 | Filing Date: Jan. 1, 1900 |Case number: EC011980 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Michael F. Frank
(Michael F. Frank, Attorney at Law)
Defendant
Joseph J. Ybarra
(Halpern May Ybarra Gelberg LLP)
Experts
Plaintiff
Douglass Matter
(technical)
Edward Jarrell
(technical)
Defendant
Steven Mackaig
(technical)
Facts
On March 25, 1995, at about 7 p.m., the El Cajon, Santee and East County fire departments responded to a fire at an apartment building owned by defendant John W.K. Osborne dba John W.K. Osborne Rental Management located at 501-509 East Park Ave. in El Cajon. When the fire department arrived, apartment 507 was engulfed in flames. The decedent, Julianna Nyeki, a 36-year-old unemployed woman, had lived at apartment 507 since March 7, 1995. She was found dead, lying on the floor of the bedroom of her apartment. El Cajon Fire Department personnel testified that they found no evidence of a smoke detector in the decedent's apartment unit, and the decedent's boyfriend testified that he never saw a smoke detector in the decedent's unit. The apartment manager testified that a new smoke detector was installed in the decedent's unit about three weeks before the fire. The apartment manager's husband testified that he was the person who actually installed and tested the smoke detector about three weeks before the fire. The plaintiff, the decedent's mother, brought this action against the defendants based on negligence theories of recovery.
Settlement Discussions
No settlement demands or offers were exchanged.
Damages
The plaintiff claimed special damages of $5,000 for burial expenses.
Other Information
The verdict was reached approximately one year and nine months after the case was filed.
Deliberation
4 hours
Poll
12-0
Length
3 days
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