Jetco Motors, Frank Ghahyaz and Fred Ghahyaz v. Andros Inc., New A.C. Inc., Berkeley Properties Inc., Cadet Manufacturing Co., et al.
Published: Mar. 16, 2004 | Result Date: Sep. 18, 2003 | Filing Date: Jan. 1, 1900 |Case number: 2002051818 Verdict – $3,040,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Peter A. Dubrawski
(Haight, Brown & Bonesteel)
Krsto Mijanovic
(Haight, Brown & Bonesteel LLP)
Colette F. Stone
(Stone & Associates APC)
Experts
Plaintiff
Raymond Pietila
(technical)
Vytenus Babrauskas
(technical)
Robert Service
(technical)
Samuel J. Campbell
(technical)
Thomas G. Kimbrell
(technical)
Terry Larson
(technical)
Harry Powell
(technical)
Roderic C. Tosetti
(technical)
Facts
Plaintiff Jetco Motors buys, stores and sells imported and used Japanese engines and transmissions. Plaintiffs Frank and Fred Ghahyaz are the sole partners of Jetco. In May 2000, a fire destroyed the Jetco building and all of its equipment and inventory, consisting of over 8,000 engines and transmissions. The fire started in a contiguous building which was occupied by defendant Andros Inc., a tenant of Berkeley Properties Inc. Andros manufacturers and assembles gas analyzers for anesthesia monitoring. According to plaintiffs, the fire department concluded that the fire originated in Andros' "Burn-In-Room." This room was under a constant temperature of 100 degrees Fahrenheit. Oakland Electric Inc. and John Clemans had constructed the room in 1995. The fire department also concluded that the source of ignition for the fire was an electric heater made by Cadet Manufacturing Co. However, Cadet asserted that the heater was manufactured by Nordyne Inc.
Damages
Plaintiffs claimed damages for building loss, loss equipment, inventory, supplies and furniture. They also claimed damages for clean-up and demolition costs. They alleged several million dollars in damages.
Result
At a mediation with a retired judge, plaintiffs settled with Andros, New A.C. and John Clemans for $2.5 million. They settled with Cadet and Nordyne for $40,000. Ten days later, plaintiffs settled with Oakland Electric for $500,000. The total settlement was $3,040,000.
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