This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Premises Liability
Negligent Repair and Maintenance

Belaynesh Lema, Girma Kebede, Heran Girma, Zeleka Alemu, Love A. Nkwogu, Beatrice Tharpe, Rachel Uzozie, Theodora Uzozie and Isacc Appiah v. Huck Rorick, Asset Property Management; Sandy Hryciuk, April Strongarone

Published: Apr. 28, 2012 | Result Date: Nov. 21, 2011 | Filing Date: Jan. 1, 1900 |

Case number: RG08417737 Verdict –  $123,952

Court

Alameda Superior


Attorneys

Plaintiff

Kelechi C. Emeziem


Defendant

William B. Waterman


Experts

Plaintiff

Donald J. Perkins
(technical)

Defendant

John Shepherd
(technical)

Maria Sabatini
(technical)

Facts

Victims of an apartment fire sued the building's owner, Huck Rorick; the property manager, Sandy Hryciuk; Hryciuk's business, Asset Property Management; and April Strongarone, a tenant in the apartment unit where the fire allegedly started. Defendants denied any negligence.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Strongarone was negligent in starting and/or controlling the initial fire, which was allegedly caused by a malfunctioning wall heater. Plaintiffs also contended that the other defendants were negligent in failing to maintain the property, which created a dangerous condition and caused the fire to spread. Further, that their negligence constituted a breach of the lease.

Damages

Plaintiffs sought recovery for property damages that were destroyed by the fire. Each claimed $2,800 in medical bills and $3,000 in motel expenses. One claimed $4,000 in lost wages.

Injuries

Several plaintiffs claimed back and neck injuries from running from the fire, others suffered from shock in seeing their belongings burn, causing emotional distress.

Result

The jury found Rorick, Hryciuk, and Asset Proeprty 70 percent liable for the damages and Strongarone 30 percent negligent. The plaintiffs were awarded $123,962 in total damages, which were split up accordingly.

Other Information

April Strongarone is in pro per.

Deliberation

1.5 days

Poll

11-1 (liability)

Length

10 days


#85958

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390