Nationwide Mutual Insurance Company v. Eurocon Group, Inc., Water Heating Technologies Corporation dba American Standard, Calentadores de América S.A. de C.V., et al
Published: Nov. 25, 2022 | Result Date: Sep. 30, 2022 | Filing Date: Apr. 18, 2019 |Case number: 30-2019-01064900-CU-PN-CJC Verdict – Defense
Court
Orange County Superior Court
Attorneys
Plaintiff
Jay D. Harker
(Clausen Miller PC)
Scott P. Ward
(Clausen Miller PC)
Defendant
Michael Scott Eisenbaum
(Gray Duffy LLP)
Michelle A. MacDonald
(Gray Duffy LLP)
Facts
Nationwide Mutual Insurance Company claimed Eurocon Group failed to evaluate and address dangerous conditions of a water heater during a 2012 remodel of the policyholder's restaurant. This allegedly led to a May 2016 fire which caused Nationwide's policyholder to incur property damage and related damage in the amount of $2.3 million.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff claimed negligence and negligence per see for alleged building code violations.
DEFENDANT'S CONTENTIONS: Defendant Eurocon contended it met the standard of care and was not negligent, nor did it's conduct cause the fire.
Result
Defense verdict in favor of Eurocon, who was found not negligent. Defendant Eurocon to recover its costs.
Other Information
Pursuant to defendant Eurocon's 998 Offer, the recovery of costs will potentially include all expert witness fees, which were substantial.
Poll
12-0
Length
three weeks
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