Confidential
Settlement – $12,500Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Larry Schooler
(technical)
Ronald Mellott
(technical)
John N. Frye
(technical)
Defendant
William C. Crookshanks
(technical)
Facts
In May of 1990, the subject single family residence was purchased from Defendants. On November 22, 1990, in the early morning hours, a fire occurred which destroyed much of the residence. The owner suffered severe burns; his personal injury lawsuit settled in February of 1993; and Plaintiff insurance company paid $110,359 to rebuild the house and for personal items. The insurance company sought to recover those funds from the original owners through this subrogation suit. The San Bernardino County Fire Investigation determined the cause of the fire to be a combustibles ignited by the floor furnace.
Settlement Discussions
Defendant contends they offered $35,000 after arbitration (which Plaintiff rejected), reduced to $10,000 at the MSC; and Plaintiff initially demanded $110,359 reduced to $60,000 at the MSC and $35,000 at the beginning of trial.
Damages
$110,359
Other Information
A prior arbitration by Richard E. Rickler resulted in a Plaintiff award of $35,000; trial de novo by Defendants.
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