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.

CONFIDENTIAL

Jul. 10, 1999

Personal Injury (Non-Vehicular)
Product Liability
Negligence

Confidential

Settlement –  $250,000

Judge

John P. Shook

Court

L.A. Superior Central


Attorneys

Plaintiff

Mark S. Roth
(Cozen O'Connor)


Defendant

Max M. Koenig

Steven D. Lundgren


Facts

On July 23, 1997, a fire caused substantial damage to a residence located in Santa Clarita. The fire was investigated for cause and origin by an arson investigator, Richard R. Moon, a 32-year veteran of the County of Los Angeles Fire Dept. Investigator Moon determined that the fire originated in an attached two-car garage. Moon concluded that the most probable ignition source was an electric tumbler used to polish brass ammunition casings. A private fire cause and origin investigator hired by the plaintiff insurer concurred with investigator Moon's findings. An electrical engineer retained by the plaintiff confirmed the presence of electrical arcing on the motor wire and opined the tumbler as the fire ignition source. The plaintiff brought this action against the defendants based on strict products liability.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $______. The defendants made C.C.P. º998 offer of compromise for $ ______.

Damages

The plaintiff insurer paid its insured $347,678.50 for damage to the dwelling, contents and additional living expenses. The legally recoverable damages, on an actual cash value basis, totalled $281,303.21.

Other Information

The settlement was reached approximately eight months after the case was filed. A mediation was scheduled for May 7, 1999, before Kenneth C. Gibbs.


#86638

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

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