Case details

Family: Lack of working smoke detectors resulted in deaths

SUMMARY

$2600000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
charred closet, died from smoke inhalation, minor injuries
FACTS
On Aug. 21, 2011, plaintiffs’ decedents Virginia Gonzalez, 48, and Maverick “Johnny” Crowder, 3, were asleep in their single family home, located in Hacienda Heights, when a fire broke out. Virginia Gonzalez’s husband and Johnny’s father, plaintiff Juan Gonzalez, 49, and Juan Gonzalez’s 9-year-old daughter, plaintiff Jasmine Gonzalez, were also asleep at the residence, which was owned by Wayne Lew and his wife, Maria Lew, at the time of the fire. The Lews owned the three-bedroom, one-bathroom, single-story residence from 1990 to 2012. When they purchased the property, a single battery-operated smoke detector was in the house, located in the hallway near the three bedrooms. The Gonzalez family began leasing the property in 1998. On the date of the incident, Virginia and Juan Gonzalez had gone to bed around 10 p.m. They slept in the same bedroom as Johnny, with the door closed, while Jasmine slept in a bedroom down the hall. Approximately an hour after going to bed, Mr. Gonzalez was awoken by Jasmine calling out his name. He got up, opened the door, and saw and smelled smoke. He told Ms. Gonzalez to get up and get Johnny, while Mr. Gonzalez went to get Jasmine. They all attempted to exit the house through the front door, but the smoke and flames were too intense. They then went into one of the bedrooms where Mr. Gonzalez attempted to pull off the blinds and break the window, but he was unable to do so. As a result, they went into another bedroom, where Mr. Gonzalez was able to pull off the blinds and break the window. Mr. Gonzalez jumped out of the window first and then pulled Jasmine out. He then walked Jasmine to the end of the driveway, turned around, and went back to the property. However, as he attempted to re-enter the property through the broken window, the sheriff’s department arrived and deputies pulled him away. Ms. Gonzalez and Johnny ultimately died in the fire. Mr. Gonzalez and the biological mother of Johnny, plaintiff Kathleen Crowder, age 28, acting individually and on behalf of Mr. Gonzalez’s minor daughter, Jasmine, and Ms. Crowder’s three other minor children, Lilly Crowder, Anna Licia Diaz, and Vanessa Diaz, sued the Lews. The Gonzalezes’ three adult children, plaintiffs Priscilla Gonzalez, Yvette Gonzalez, and Richard Gonzalez, who were not living at the property at the time of the incident, were also named as plaintiffs. (Yvette and Richard Gonzalez were initially named as nominal defendants.) Ingraham & De Alba Inc., which was doing business as Servpro of North Pomona/La Verne, and Rossmoyne Inc. were initially also named as defendants, and the Lews’ insurance Carrier, State Farm Insurance Cos., was added as a defendant in an amended complaint. However, Ingraham & De Alba, Rossmoyne, and State Farm were ultimately dismissed from the case. The plaintiffs’ cause and origin fire experts opined that the ignition source was an electrical failure in an extension cord that the Lews had allegedly connected to operate the garage door. Plaintiffs’ counsel noted that there was a single, battery-operated smoke detector in the house, located in the hallway near the three bedrooms, when the Lews purchased the single-story residence in 1990. Counsel also noted that in 1992, a Building Code was enacted that required a smoke detector in every bedroom, as well as the hallway. However, plaintiffs’ counsel contended that although the Lews owned the house until 2012, they never added any other smoke detector. Thus, counsel argued that the Lews’ house was not code compliant. On the evening of the fire, the only detector was in the hallway and it did not activate. Plaintiffs’ counsel argued that if the smoke detector had activated, or if there were other smoke detectors in the bedrooms, the decedents would have been alerted with sufficient time to escape. Defense counsel noted that the cause and origin of the fire was investigated by Detective Michael Digby, of the Los Angeles County Sheriff’s Department-Arson/Explosives Division, and that he first determined the cause of the fire was likely due to candles. Digby, at first, opined that the likely cause of the fire was an unattended lit candle. However, he later ruled out candles based on burn patterns. Certified fire investigator Barry Cramer also investigated the cause and origin of the fire. He initially concurred with Digby’s findings, in that the fire originated within the living room and was likely caused by an unattended burning candle. However, Cramer also changed his opinion. The defense’s cause and origin experts opined that the cause of the fire could not be determined with reasonable scientific likelihood. In addition, the defense’s electrical engineering expert concluded that none of the electrical components caused or contributed to the fire. Defense counsel argued that regardless of what caused the fire, the smoke detector was not working due to the actions of the plaintiffs and that even if it had worked, there would not have been enough time to exit the front of the house because of the flash-over fire., Juan Gonzalez was badly burned in the fire while attempting to rescue Jasmine Gonzalez and he had to be hospitalized. Jasmine suffered only minor . Virginia Gonzalez and Johnny Crowder were found in a charred closet, where the woman was cradling the young boy in her arms. She had died from smoke inhalation and thermal exposure while in the closet. Johnny was still alive, but he later died at a hospital due to the prior smoke inhalation and thermal exposure. Ms. Gonzalez was 48 years old and Johnny was 3 years old. Virginia Gonzalez was survived by her husband, Juan Gonzalez, and her three biological children, Richard Gonzalez, Yvette Gonzalez, and Priscilla Gonzalez, ages ranging from 22 to 31. She had shared custody of Johnny, who was born as a result of an extramarital affair Juan Gonzalez had with Kathleen Crowder in 2007. Johnny was survived by his father, Juan Gonzalez; his biological mother, Kathleen Crowder; an adult brother, Richard Gonzalez; two adult sisters, Yvette and Priscilla Gonzalez; and a minor sister, Jasmine Gonzalez. He was also survived by three other minor sisters — Kathleen Crowder’s other children — Lilly Crowder, Anna Licia Diaz, and Vanessa Diaz. The plaintiffs sought recovery for the wrongful death of Virginia Gonzalez. Specifically, they sought recovery of $1.2 million for their loss of Virginia Gonzalez’s household support and income, and an unspecified amount of wrongful death damages for the remaining life of Virginia Gonzalez, which was estimated to be approximately 34 years. Juan Gonzalez and Kathleen Crowder also sought recovery of wrongful death damages for the loss of their son, Johnny.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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