John Blum, Dana Blum v. Electrolux Home Products, Golden West Plumbing, Whirlpool Corporation, Fieldstone Communities Inc.
Published: Sep. 1, 2007 | Result Date: May 7, 2007 | Filing Date: Jan. 1, 1900 |Case number: 05CC11807 Settlement – $975,000
Court
Orange Superior
Attorneys
Plaintiff
Darren O. Aitken
(Aitken Aitken Cohn)
Defendant
Michael L. Amaro
(Amaro Baldwin LLP)
Brad M. Elder
(Diederich & Associates)
Experts
Plaintiff
Robert W. Armstrong II
(Demler, Armstrong & Rowland LLP)
(technical)
Brad Phillipson
(technical)
Richard T. Mumper
(technical)
Facts
This is an action for wrongful death arising out of a house fire, which occurred on April 2, 2004. This case also involved a consolidated subrogation action by the homeowner's insurer for the property damage.
The plaintiffs contended that the house fire was caused by a faulty Electrolux Home Products/Whirlpool cook top that developed an internal gas leak that ignited during the cooking process. The plaintiffs contended that the fire escaped from the stove top, igniting the nearby cabinets and spreading throughout the house. Plaintiffs also had an alternate theory that the gas cooktop was installed improperly and that the fire started due to a gas leak in the flex line under the cooktop.
The plaintiff's daughter, Ashley Ann Blum, 15, was upstairs sleeping in her bedroom. Ashley Ann sustained fatal heat and smoke injuries.
The defendants contended that the home fire was caused by a halogen lamp bulb located in the family den. The defendants also contended that this bulb exploded, and the resulting debris ignited a nearby couch and spread throughout the house thereafter.
Result
The case was settled for a total of $975,000 to the Blums ($375,000 against Golden West Plumbing Inc.; $375,000 against Fieldstone Trabuco Partners, Fieldstone Communities Inc., Fieldstone Company, a California Corporation, [now known as 396 Investments]; $225,000 against Electrolux Home Products Inc. and Whirlpool Corp. The Automobile Club chose not to continue with the prosecution of the subrogation case, and dismissed its complaint in consideration of a waiver of costs.
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