Facts

Plaintiff First American Specialty Insurance Co. insured a home on 15611 Penascola St. in Westminster that was destroyed by a Sept. 2, 2005 fire. It paid the homeowners $371,000 for the damage to their home. The plaintiffs then brought a subrogation action against defendant Southern California Edison Co., alleging it negligently started the fire.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant's meter technician negligently caused the fire by removing the meter without first opening the main circuit breaker. This caused a power surge in the electrical system, contributing to a wiring failure that ultimately led to the fire.

DEFENDANT'S CONTENTIONS:
The defendant contended its technician properly removed the meter without causing an electrical surge. It merely caused an interruption in power not sufficient to cause a fire. The homeowners also testified they never lost power before the fire, supporting defendant's argument that its technician had not removed the meter prior to the fire. Rather, the home's faulty aluminum wiring caused the fire.

Damages

The plaintiff sought reimbursement of the $371,000 it paid to the insureds plus $54,000 in interest.

Result

The jury returned a defense verdict.

Deliberation

55 minutes

Poll

11-1

Length

three days