Dentists Insurance Company v. Fredrick Benson, M.D.
Published: May 9, 2009 | Result Date: Sep. 8, 2008 | Filing Date: Jan. 1, 1900 |Case number: 1-06-CV-066191 Verdict – Defense
Court
Santa Clara Superior
Attorneys
Plaintiff
Daniel R. Watkins
(Watkins & Letofsky LLP)
Defendant
Experts
Plaintiff
Thomas Shefchick
(technical)
Defendant
Raymond Pietila
(technical)
Facts
In 2005, defendant Fredrick Benson, M.D.'s fish tank, located in an office adjacent to offices insured by plaintiff Dentists Insurance Company, caused a fire that ignited the insureds' office sprinklers and subjected the property to water damage. Dentists Insurance filed a subrogation claim for negligence maintenance.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant failed to properly assemble and care for the fish tank.
DEFENDANT'S CONTENTIONS:
The defendant contended that he did not cause the fire and that the fire's origin was never determined.
Settlement Discussions
The plaintiff demanded $85,000 and defendant offered $25,000.
Injuries
The plaintiff claimed $160,000 for cost of repair.
Result
The jury found in favor of the defense.
Other Information
INSURER: State Farm for defendant.
Deliberation
four hours
Poll
12-0 (negligence)
Length
four days
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