Facts

On June 29, 2008, plaintiff Mike David Lindborg's backyard in Cherry Valley caught fire. Plaintiff sued his neighbor, defendant Norbert Humpert, claiming he was responsible for the fire.

The matter proceeded to a bifurcated trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant was working in his backyard, grinding on a metal fence post, causing sparks to carry over into his yard. Plaintiff claimed the sparks ignited long-dry grass in his backyard, which then ignited his landscape of cypress trees. Plaintiff also claimed that defendant was negligently working on the common property line, allowing the sparks to be discharged over the fence causing the fire.

Plaintiff filed causes of action for negligence and trespassing.

DEFENDANT'S CONTENTIONS:
Defendant disputed plaintiff's account of how the fire started. Defendant claimed the fire originated from an energized electrical power strip in the middle of plaintiff's backyard, which was connected to an extension cord powering a nearby camping trailer occupied by plaintiff's brother. Defendant presented a California Fire investigation report of the fire, which indicated that failure of the energized power strip caused the fire.

Damages

Plaintiff claimed damages in excess of $1 million for property damage to his backyard landscape, his house, a garage containing cars, which included a Porsche, and valuable personal property, including a large collection of Star Wars memorabilia.

Result

Defense verdict.

Other Information

FILING DATE: June 25, 2012.

Deliberation

1.5 hours

Length

seven days