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.

Torts
Product Liability
Negligent Assembly and Installation

California Capital Insurance v. Electrolux Home Care Products Inc.; Sears, Roebuck & Co.

Published: Apr. 7, 2012 | Result Date: Jan. 26, 2012 | Filing Date: Jan. 1, 1900 |

Case number: CIVVS 900984 Verdict –  Defense

Court

San Bernardino Superior


Attorneys

Plaintiff

Garry L. Montanari
(Michaelis Montanari Johnson)


Defendant

Michael L. Amaro
(Amaro Baldwin LLP)


Experts

Plaintiff

Erik A. Christiansen
(technical)

Daren Slee
(technical)

Defendant

Michael J. Fox
(technical)

Ronnie Liem
(technical)

Facts

A fire occurred in a house owned by Amber Crawford. Crawford had an insurance policy with California Capital Insurance. California Capital alleged that the fire originated from a Kenmore dishwaster manufactured by Electrolux Home Care Products Inc. and sold by Sears, Roebuck & Co. California Capital filed suit claiming that there had either been a manufacturing or design defect in the dishwasher that had caused the fire. Plaintiff also argued that the dishwasher had been installed improperly by Sears.

Electrolux and Sears denied the fire had been started by the dishwasher and also denied there was any defect in the product.

Damages

California Capital sought $400,000, the amount it had paid to the insured for damages caused by the fire.

Result

The jury returned a verdict for both defendants.

Deliberation

2.5 hours

Poll

11-1

Length

six days


#86087

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

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