Facts

On Jan. 15, 2005, five children went into a storage shed in a common area at Avalon Mobile Home Park (AMHP), which was owned by Robert Copland, Diane Copland, and the Russell Family Revocable Trust. The storage shed contained an open container of Omega fuel, which consisted of a derivative of nitroglycerine. While the children were in the room, a fire erupted and Omega fuel spilled on them, which resulted in burns. Later, a butane lighter was found within the remains of the fire. The children, through their guardian ad litem, sued AMHP, its owners, the manufacturer of Omega fuel, Morgan Inc., and Patrol Plus, a private security company at AMHP.

PLAINTIFF'S CONTENTIONS:
Plaintiffs asserted the minors' access to the storage shed was the result of a failure to properly maintain and inspect; that the hasp and padlock on the door to the shed had been pulled loose and was broken from the frame of the door for approximately two weeks prior to the fire; that the container of Omega fuel failed to have adequate warnings and that defendant Patrol Plus failed to inspect the door even though it was in a common area and Patrol Plus had contracted to inspect all doors and windows as part of its patrol service.

DEFENDANT'S CONTENTIONS:
The defendants argued that children placed the lighter on top of the container of Omega fuel, which ignited the fire.

Patrol Plus contended that they had no responsibility for the control of the premises because they patrolled from 6:00 p.m. to 6:00 a.m. and the fire occurred at 4:20 p.m.

Injuries

The injuries among the children included singed hair, emotional distress, second and third degree burns on various parts of their bodies, nephritic syndrome, and pneumonia. One child had second and third-degree burns on 70 percent of his body.

Result

The court granted summary judgment in favor of Patrol Plus. The plaintiffs settled with the remaining defendants for a total of $1,750,000. Defendant Morgan Inc. agreed to pay a total of $750,000, and defendant AMHP agreed to pay a total of $1 million.

Other Information

Plaintiffs appealed the summary judgment in favor of Patrol Plus. The appellate court found in favor of Patrol Plus on Oct. 14, 2009, resulting in no liability on the part of Patrol Plus. Plaintiff intends to file a petition for writ of review with the California Supreme Court. INSURER: CNA insured AMHP. FILING DATE: March 29, 2005.