Facts

In 2002, on the grounds of the Robert Louis Stevenson School's (school) headmaster's residence, an accent light was located at the base of a fichus tree. The school and residence are both in Pebble Beach. Design One Environments (Design One), owned by James and Deborah Bovenzi, designed the light. The light was then distributed by Big Ocean Corporation (Big Ocean), dba Cal Lighting, to The Home Lighter Inc. (Home Lighter) store, where the school bought the light. Spanish moss was used to conceal the accent light. On at least one occasion, the light fell over on its side. The bulb was replaced at least once. The Spanish moss was replaced as needed.

On April 26, 2007, a Design One technician went to the residence but stated she never touched the light. Later that day, the fichus caught fire. The fire caused a total loss of the residence. During that time, Joseph and Marliee Wandke occupied the residence.

The school's insurer, Hartford Casualty Insurance Company (Hartford), sued Design One, Big Ocean, and Home Lighter. Design One filed a cross-complaint against Quality Growers Floral Co. Inc., Nurserymen's Exchange Inc., and San Francisco Foliage (collectively "florists") who provided the Spanish moss.

Big Ocean and Home Lighter settled with Hartford for $250,000, prior to trial. The florists settled with Hartford for $30,000.

PLAINTIFF'S CONTENTIONS:
Hartford alleged that Design One negligently maintained the property and that their service person knocked the light over causing the fire. Hartford argued that it was negligent to place Spanish moss, which is highly combustible, so close to the light. It claimed that Design One failed to inform the Wandkes that Spanish moss was flammable.

DEFENDANT'S CONTENTIONS:
Design One claimed that it provided the light at the Wandkes' request and was therefore not negligent. It argued that the light itself was not dangerous and likely did not start the fire.

Damages

Hartford initially sought $2.3 million for the total loss of the home and its contents, but after settlements, later stipulated to $1 million in damages.

Result

The jury returned a verdict for Design One.

Deliberation

1.5 days

Poll

9-3

Length

eight days