California State Automobile Association v. Charles Moving and Storage Co. Inc.
Published: May 11, 2004 | Result Date: Aug. 21, 2003 | Filing Date: Jan. 1, 1900 |Case number: CV804177 Bench Decision – $62,450
Facts
In November 1998, Charles and Gale Fisher contracted with defendant Charles Moving and Storage Co. to store their personal property. In January 1999, it was discovered that the storage van with the Fishers' property had been stolen. They made a claim to their insurer, plaintiff California State Automobile Association, which paid for the loss of property.
Settlement Discussions
The plaintiff's demand was $100,000 plus interest; defendant's offer was $20,000.
Damages
The plaintiff claimed the loss of personal property belonging to the Fishers. As the insurer, it paid for the loss and sought subrogation against defendant.
Result
The trial court held that the limitations did not apply. It found for plaintiff and awarded it $62,450 plus interest. The defendant was found 100 percent liable. The plaintiff's counsel reported that the court found a common carrier could not be exonerated by any agreement from liability for its own negligence or willful wrong. The defendant was guilty of gross negligence. Judgment was satisfied for a total of $98,732, which includes interest and costs.
Other Information
s
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390