Jonathan K. Brill v. Sub-Zero Freezer Company, Inc., Floorcraft Kitchen and Appliance Center, Exponent Failure Analysis Associates, et al.
Published: Dec. 31, 2005 | Result Date: Oct. 6, 2005 | Filing Date: Jan. 1, 1900 |Case number: CGC04430231 Verdict – $0
Judge
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Stephen J. Schori
(Law Offices of John A. Biard)
Experts
Plaintiff
Kevin A. Flynn
(technical)
Jax Kneppers
(technical)
Defendant
John Seuss
(technical)
Facts
In 2002, the plaintiff, Jonathan Brill bought a refrigerator, which was manufactured by Sub-Zero Freezer, Fitchburg, Wis. Brill had purchased the refrigerator from Floorcraft Kitchen and Appliance Center, a San Francisco retailer. Eight months later, Brill discovered the refrigerator was leaking water and causing damage to his oak floor kitchen. Sub-Zero inspected his refrigerator, identified the defect and fixed the problem. Brill had also filed a claim with his homeowners carrier about the leak that damaged his oak floor kitchen. To assess the damage, the carrier hired Exponent Failure Analysis, Menlo Park. In turn, Exponent hired Elite Refrigeration, Burlingame, to move the refrigerator in order for the analysts to conduct the inspection of the floor. In 2005, Brill discovered yet another second leak, which had been created and damaged the floor even further. Brill brought suit against Sub-Zero and Floorcraft for products liability and breach of warranty. Brill sued Elite Refrigeration and its owner Bruce Gwilliam for negligent repair, and Exponent Failure Analysis for negligent supervision. Although Floorcraft denied liability, it settled with Brill before trial for $5,000 and Exponent settled for $2,000.
Damages
The plaintiff sought up to $225,000 for repairs, which included the hotel fees. Those fees were at a rate of $900 a night for four weeks. The plaintiff claimed damage to the kitchen's floor and claimed that the subfloor necessitated a complete tear-out of the kitchen, which included special cabinetry and marble counter tops. The plaintiff claimed that he needed to leave his home with his wife and children during the time the kitchen was repainted.
Injuries
Damage to plaintiff's oak floors. Such damages included buckling under the fridge, and softness and squeaking in an area around the front of the fridge.
Result
The jury awarded the plaintiff $6,000 and found that Sub-Zero was liable. The jury found that Elite and Gwilliam were not liable. However, due to the fact that Floorcraft and Exponent Failure had settled with the plaintiff for an aggregate of $7,000, the settlement was credited to Sub-Zero, which did not owe anything.
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