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Real Property
Negligence
Subrogation

Argonaut Great Central Insurance Company v. St. Mar Enterprises, Inc.

Published: Nov. 27, 1999 | Result Date: Sep. 24, 1999 | Filing Date: Jan. 1, 1900 |

Case number: N078771 –  $0

Judge

Michael M. Anello

Court

San Diego Superior Vista


Attorneys

Plaintiff

Peter A. Lynch


Defendant

James M. Roth

Stuart D. Hirsch


Experts

Plaintiff

Paul Davis
(technical)

Gerard G. Moulin
(technical)

W.F. Schultheis
(technical)

Defendant

Dean B. Browne
(technical)

Harry A. MacDonald
(technical)

Facts

On Sept. 26, 1997, a fire broke out at a mini-mall. The fire damaged a dry cleaning establishment known as Dry Clean World, insured by Argonaut Great Central Insurance, a Pearl Vision store, insured by Zurich-American Insurance Company, and a Taco Bell store owned by St. Mar Enterprises. Argonaut Great Central Insurance brought this action against St. Mar Enterprises based on negligence theories of recovery. Zurich-American Insurance intervened. St. Mar Enterprises cross-complained against Pearle Vision for negligence.

Settlement Discussions

During trial, the plaintiff made a settlement demand for $223,220 and the plaintiff-in-intervention made a settlement demand for $584,431. During trial, the defendant offered a global dismissal and one California Lottery ticket for each party.

Damages

Plaintiff Argonaut claimed $223,220 for fire damage and business interruption to Dry Clean World. Plaintiff-in-intervention Zurich-American claimed $584,431 for fire damage and business interruption to the Pearle Vision store. Cross-complainant St. Mar Enterprises claimed $161,970 in damages for the Taco Bell store.

Other Information

Motion for new trial and judgment notwithstanding the verdict are pending. The verdict was reached approximately one year and two months after the case was filed.

Deliberation

one day

Poll

9-3 (complaint), 11-1 (cross-complaint)

Length

nine days


#88311

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