Allstate Insurance Co., as Subrogee for Mildred Tolbert v. Southern California Edison Company, and Does 1 through 20
Published: May 25, 2013 | Result Date: Mar. 15, 2013 | Filing Date: Jan. 1, 1900 |Case number: TC026168 Bench Decision – Defense
Court
L.A. Superior Compton
Attorneys
Plaintiff
Martin R. Berman
(Law Office of Pflaster & Berman)
Defendant
Carla M. Blanc
(Southern California Edison)
Facts
On April 18, 2011, there was an electrical fire at Mildred Tolbert's home, resulting in smoke and water damage. In order to fight the fire originating from the ground, the Compton Fire Dept. also broke through the house's floorboards. After the fire was deemed an "arching event", Tolbert filed a claim with Allstate Insurance Co., her fire and casualty insurance carrier. Allstate paid the claim.
Contentions
PLAINTIFF'S CONTENTIONS:
Allstate filed suit against Southern California Edison Co., Tolbert's electricity provider, alleging liability for a defect causing excess voltage of electricity. Allstate contended that the excess voltage entered the home causing the arcing event, due to Southern California's negligence.
DEFENDANT'S CONTENTIONS:
Southern California denied delivering any excess voltage, contending the home's internal electrical system was faulty, causing the fire.
Damages
Allstate sought $88,000 in property damages and living expenses for Tolbert while she was displaced from her home.
Result
The court rendered a verdict for the defense.
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