Facts

The plaintiff, Simon Maah, a 50-year-old diabetic rock musician burned his feet in his apartment at the Marlon Manor Apartments due to exposure to hot water when he drew himself a bath to wash his feet and did not retract them in time to avoid injury.

The plaintiff brought the case against the owner of the building, J&J Investments; manager of the building, Decron Properties, The Marlon Manor; the building plumber, Leo Shaferman dba Leo's Electric & Plumbing; the manufacturer of the water heater, Raypak; and the manufacturer of the gas modulating valve, Honeywell; under various theories, including premises liability and strict products liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the water temperature as set by the building and plumber was above the safe 120-degree mark (at which it takes several minutes to inflict third degree burns and a temperature which allows time to retract). Instead, it was set much higher and likely over 140 degrees. Also, both the building roof and the boiler units lacked locks, which would prevent tampering by unauthorized persons. Finally, the plaintiff contended that the boiler lacked an anti-scald label.

DEFENDANTS' CONTENTIONS:
The defendants Marlon Manor and Leo's Electric denied that the water ever exceeded 120 degrees or that a 120-degree limit is legally required, noting that the building code is vague on this point. No one else in the 40-unit building was burned or complained about the water being too hot and everyone was serviced on a "loop" by the same hot water boiler.

Also, the defendants claimed that the medical records indicated that the plaintiff was suffering from diabetic neuropathy and claimed that the plaintiff told the hospital personnel that he did not notice heat damage to his feet as a result. Also, the defendants claimed that the medical records indicated that the plaintiff waited a week to get treatment and that it was the delay that caused the loss of the foot.

The boiler and control manufacturer contended that their product met all ANSI and industry standards, that this was the first case of its kind against them and that an anti-scald label would have made no difference to an experienced user like a plumber who possesses knowledge or how to set these devices properly.

Further, Raypak contended that the boilers were manufactured in 1987 and had been inspected annually by the Los Angeles Building Department. Raypak also contended that the boilers had operated for 16 years, supplying millions of uses of hot water, with plaintiff being the only person to complain or be injured.

Injuries

The plaintiff sustained third degree burns to both of his feet and amputation of one foot. Los Angeles County claimed a $515,000 lien.

Result

$1,555,000 ($750,000 from Farmers Insurance for J&J Investments and Decron Properties; $750,000 from Crusader Insurance for Leo Shaferman; $50,000 from Zurich Insurance for Raypak; $5,000 from Honeywell [self-insured]).

Other Information

MEDIATOR: Hon. Dion Morrow (retired).