SETTLEMENT: | $1,500,000.00
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CASE/NO: | Castro, et al. v. Brozick, et al.
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DATE: | August 3, 1995
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CONTRIBUTION: | $1,000,000.00 policy limits paid by defendant apartment
building manager
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ATTORNEYS: | Plaintiffs - Michael H. Whitehill |
FACTS: Plaintiffs were undocumented aliens, a 27 year old husband and a 25 year old wife, as well as their children, 1 year old Brian and 4 year old Genesis. Prior to December 21, 1993, Defendants had placed and decorated a large Christmas tree in the living room of their small San Pedro apartment in an area adjacent, but not touching, a wall heater. On December 21, 1993, between approximately 2:00 p.m. and 5:00 p.m., Defendant Rocco Grieco, the apartment building manager, replaced a water heater in Plaintiffs' apartment. The apartment manager, and his employee, both testified they never touched the Christmas tree while moving the hot water heater through the living room and into the hall where it was installed.
None of the Plaintiffs saw the Defendants touch the tree. However, Plaintiffs contended that the tree appeared to have been slightly moved toward the wall heater. In addition, one of the Plaintiffs testified Defendants' employee told her the tree needed water and asked her whether he could move the tree to avoid knocking off decorations when carrying the water heater past the tree.
Plaintiff husband had been drinking beer on December 21 and fell asleep on the couch in the living room at around 8:30 p.m. Shortly thereafter the wife and the children fell asleep in their bedrooms. The husband testified that at approximately 11:00 p.m. he was awaken by a smoke alarm and when he opened the front door for fresh air the Christmas tree erupted in flames. The husband attempted to go back into the bedrooms to remove the other Plaintiffs but was repelled by the intensity of the heat. The wife and her three children were removed from the apartment approximately 15 minutes later by the fire department but all suffered burns.
The fire department concluded that the cause of the fire was placement of the tree too close to the wall heater. Although the fire department found the wall heater in the off position, the pilot light was on.
CONTENTIONS: Plaintiffs contended that Defendant apartment manager and/or his employee moved the Christmas tree approximately a foot toward the wall heater so that one of the limbs of the tree, unknown to Plaintiffs, was slightly touching the wall heater. Plaintiffs contended the apartment owner was vicariously liable for the negligence of the apartment manager under a non-delegable duty theory. In addition, Plaintiffs contended Defendants' failure to maintain a fire extinguisher in the exterior walkway of the apartment building contributed to Plaintiffs' injuries.
Defendants contended that they never moved the tree. Further, Defendants claimed that had they moved the tree the fire would have occurred during, or shortly after, they left the apartment, and not six hours later. Defendants contended the absence of the fire extinguisher was irrelevant since given the intensity of the fire a small fire extinguisher would not have extinguished the fire. Multiple fire extinguishers have previously been provided at the premises and all had been stolen.
INJURIES: The wife suffered third degree burns to approximately 20% of her body requiring an amputation of her left forearm and hand. The one year old son suffered third degree burns to approximately 22% of his body including face and hands. Plaintiffs' three year old son died in the fire. Plaintiffs' six year old daughter suffered burns to her left arm and the husband suffered superficial burns.
PAST EXPENSES: Approximately $250,000.00 in past medical expenses.
FUTURE EXPENSES: $100,000.00 TO $200,000.00.
SETTLEMENT DISCUSSIONS: Plaintiffs demanded the insurance policy limits from both defendant manager and defendant owner. Both offers were accepted prior to their expiration.