Daniel Flitcroft v. Taylor Berry, Kristina Hlavacek, Teresa Atterbury and Does 1-100
Published: Sep. 4, 2020 | Result Date: Mar. 31, 2020 |Case number: 19CV00804 Settlement – $1,637,786
Judge
Court
Santa Barbara County Superior Court
Attorneys
Plaintiff
Anthony C. Kastenek
(Harris Personal Injury Lawyers, Inc.)
Defendant
Philip A. Kraft
(Richardson, Fair & Cohen)
for Teresa Atterbury
Josephine N. Baurac
(Hanger, Steinberg, Shapiro & Ash)
for Kristina Hlavacek
Michael E. Jenkins
(Harrington, Foxx, Dubrow & Canter LLP)
for Grant Rickon
James P. Hart Jr.
(Law Office of Craig A. Holtz)
for Taylor Tidwell
David M. Grokenberger
(Rogers, Sheffield & Campbell, LLP)
for Alexandra Barbeau
John C. Eck
(Griffith & Thornburgh)
for Santa Barbara Property Group Inc.
Sean E. Olk
(Slack & Associates)
for Taylor Berry
Facts
While at a barbeque in Santa Barbara, Daniel Flitcroft volunteered to cook for guests. When the charcoal coals went low, a can of fluid was used to try to rekindle the coals. The can exploded when Flitcroft's friend, Taylor Berry, was attempting to pour denatured alcohol on the coals to reheat them. The flames covered Flitcroft and resulted in burn injuries. Flitcroft sued Berry, the property management company, the property's tenants, and the owner of the grill, Grant Rickon, for his injuries.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were negligent in causing his injuries because defendants created the dangerous condition that caused plaintiff's injuries. Plaintiff also contended that defendants were negligent in their maintenance of the property and the denatured alcohol can that caused plaintiff's injuries.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions. Most of the defendants contended that defendant Taylor Berry was largely negligent.
Injuries
Daniel Flitcroft suffered third-degree burns to a majority of his body and endured six weeks of intensive care as a result.
Result
The case settled for $1.6 million at mediation. The settlement consisted of respective policy limits paid by Berry, two of the three tenant defendants, Rickon and the property management company.
Other Information
MEDIATOR: Hon. Elinor R. Reiner
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