Pichai Tanvilai, Sunee Tanvilai v. Val Beach Garfield LLC, Laubach Construction Company Inc. consolidated with The Dentists Insurance Company v. Laubach Construction Company Inc.
Published: Aug. 22, 2009 | Result Date: Dec. 22, 2008 | Filing Date: Jan. 1, 1900 |Case number: 07CC09728 consolidated with 30-2008 00106855 Verdict – Defense
Court
Orange Superior
Attorneys
Plaintiff
Daniel R. Watkins
(Watkins & Letofsky LLP)
Defendant
Philip A. Segal
(Kern, Segal & Murray)
Experts
Plaintiff
Nicholas J. Corbo
(technical)
Louis Price
(technical)
Larry R. Carlson
(technical)
John Schindler
(technical)
Defendant
John Kitzmiller
(technical)
Facts
On Oct. 28, 2006, a fire started in a suite occupied by Laubach Construction Company Inc. (Laubach) within a shopping center. The fire spread to a suite occupied by an insured of The Dentists Insurance Co. The Dentists Insurance Co. filed a subrogation claim against Laubach for negligence.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the fire started in Laubach's suite when water came into contact with electrical office equipment. Laubach committed negligence because it failed to prevent water intrusion.
DEFENDANT'S CONTENTIONS:
The defense argued that testing did not identify any electrical malfunctions and arson could have caused the fire.
Settlement Discussions
The plaintiff demanded $361,000 and the defense offered to waive costs.
Damages
Stipulated damages of $361,000.
Result
The jury found in favor of the defense.
Other Information
Mt. Hawley Insurance Co. insured Laubach.
Deliberation
35 minutes
Poll
9-3
Length
one week
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