Case details

Failure to maintain fire safety items resulted in injuries: plaintiffs

SUMMARY

$6000000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
arm, back, burns, carbon monoxide poisoning, decreased range of motion, disfigurement, eye, finger, hand, neck, pulmonary, respiratory, scar, shoulder, smoke inhalation, third degree
FACTS
During the early morning hours of July 16, 2015, plaintiffs Darrel Nation, 41, a nurse, and Anhthu Nguyen, 33, a nurse, were in bed at their apartment at 444 Chestnut Ave., in Long Beach. During a power outage, Nation and Nguyen lit candles, but they believed the candles were extinguished when they went to bed. However, several hours later, a fire broke out in the living room and spread throughout the apartment. Nation and Nguyen were awakened by noise outside of their apartment and attempted to escape their bedroom, but due to the intense heat, they were unable to do so. Additionally, the release mechanism on the security bars on their bedroom window was hidden and apparently inoperable. Firefighters eventually bent the security bars, and Nguyen and Nation were able to escape. Nation and Nguyen sued the owner of their apartment complex, Chestnut Avenue Associates, and the complex manager, Entourage Property Management. Nation and Nguyen claimed that at no time during the fire did any smoke detectors activate in their apartment or in the common areas of the apartment complex. Plaintiffs’ counsel noted that it was later determined that the required detectors were inoperable. Counsel also contended that there were an inadequate number of smoke detectors in their apartment unit and asserted that the defendants were responsible for the failure of the release mechanism of the security bars to operate. Defense counsel asserted that Nation and Nguyen were responsible for the fire, as Nation and Nguyen had failed to blow out the candles that were being utilized due to a city-wide power outage before they went to bed. Counsel also asserted that the responsibility for the operation of the smoke detectors was assumed by Nation and Nguyen and that Nation and Nguyen failed to maintain the smoke alarms in their unit., Nation and Nguyen were both taken to a hospital. Nation suffered third degree burns over 40 percent of his body with significant burns to his neck, back, upper extremities, hands and fingers. Nation was subsequently hospitalized for approximately two months, during which he underwent multiple skin grafting procedures. Nation claimed that he has residual restrictions due to the burns and grafts. However, he admitted that he has not been limited in his activities of daily living and work. Nation also claimed that he will undergo scar revision surgery in the future. Thus, Nation sought recovery of $600,000 in medical expenses and $70,000 in lost earnings as a result of being off of work for approximately 15 months. Nguyen suffered acute smoke inhalation, carbon monoxide poisoning, lacerations to her body and smoke damage to her eyes. She was subsequently hospitalized for two days and had approximately five months of followed up care. Nguyen ultimately returned to work and full activities approximately five months after the incident. She does not need future treatment. Thus, Nguyen sought recovery of $40,000 in medical expenses and $19,200 in lost earnings as a result of being off of work for approximately five months.
COURT
Superior Court of Los Angeles County, Norwalk, CA

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