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.

Insurance
Subrogation
Excess Voltage

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.


#88057

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

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