State Farm Fire and Casualty Company; Harold Kleigman v. Amerigas Propane, Inc.
Published: Dec. 20, 1997 | Result Date: Nov. 25, 1997 | Filing Date: Jan. 1, 1900 |Case number: 11638 – $0
Judge
Court
Mono Superior
Attorneys
Plaintiff
Jeffrey J. Williams
( Chernow & Lieb)
Defendant
Experts
Plaintiff
L.W. "Skip" Ferdinand
(technical)
William C. Crookshanks
(technical)
Heinz Meier
(technical)
Donald C. Cox
(technical)
Richard E. Cale
(technical)
Defendant
Arun Kumar
(technical)
Keith Naeve
(technical)
Facts
In November 1994, defendant, Amerigas Propane Inc., discovered numerous leaks in an underground propane system which serviced approximately 23 homes, including plaintiff Harold Kliegman's home. Due to the onset of winter and frozen ground conditions, defendant decided not to repair the underground system, and instead, a temporary above-the-ground system was installed. Defendant intended to install a permanent system in the spring after the snow melted and the ground thawed. On April 10, 1995, an accumulation of snow caused a fracture in the propane system. Propane escaped and ignited destroying plaintiff's home. The plaintiff brought this action against defendant based on negligence, strict liability, breach of implied warranties, private and public nuisance and various fraud theories of recovery. Plaintiff , State Farm Fire and Casualty, sought subrogation for amounts it paid Kliegman. The trial was bifurcated.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $400,000 for State Farm and $750,000 for Kliegman. The defendant offered $250,000 during trial.
Damages
Plaintiff Kliegman alleged property damage and emotional distress. Plaintiff State Farm sought subrogation for amounts it paid Kliegman.
Other Information
The verdict was reached approximately two years and four months after the case was filed.
Deliberation
one hour
Poll
12-0
Length
eight days
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