Case details
Smoke detectors were loud enough to warn tenants: defense
SUMMARY
$0
Amount
Arbitration
Result type
Not present
Ruling
KEYWORDS
death, loss of society, pulmonary, respiratory, smoke inhalation
FACTS
On June 9, 2010, plaintiff Estrella Celis, 35, a homemaker, rented a duplex in Victorville, where she lived with her sons, plaintiff Jeremiah Spellings, 9, and plaintiffs’ decedent, Noah Stumbaugh, a 2-year-old child. While Celis and the two children were asleep, a fire occurred in the duplex. Celis and Jeremiah escaped, but Noah died in the fire from smoke inhalation. Celis, acting individually and as Jeremiah’s guardian ad litem, sued the owners of the duplex, 1995 Grett Trust; the trustors, Raymond Grett and Leah Grett; and the property manager, Christie Mathes. Celis alleged that the defendants were negligent in the maintenance of the duplex and failed to ensure that adequate warning systems were installed/working, creating a dangerous condition. The decedent’s father, Joseph Stumbaugh, did not participate in the case, but his name remained listed as a nominal defendant. The matter proceeded to a binding arbitration in which the parties stipulated to a high/low provision with the insurance policy limits being the high and $25,000 being the guaranteed low, regardless of the arbitrator’s assessment of liability and damages. Plaintiffs’ counsel contended that there multiple code violations in the duplex, including missing or insufficient smoke detectors, which would have alerted Celis in time to rescue Noah. The plaintiffs’ smoke detector expert testified that a detector in the bedroom would have saved Noah’s life and that if there was a detector in the hallway, it would not have been loud enough. The expert also testified that work was done on the duplex that required permits, but that these permits were not taken out. Thus, the expert testified that inspectors were not on-site to correct code and safety issues. Defense counsel asserted that no code upgrades to have detectors in every bedroom were required, and counsel disputed the claim that a hallway detector would not have been loud enough. Defense counsel contended that several neighbors heard an alarm and that Celis inexplicably left Noah behind while she escaped. Counsel also contended that the older child, Jeremiah, started the fire., Noah suffered smoke inhalation from the fire and died at the scene. He was 2 years old. Noah is survived by his parents and an older brother, Jeremiah (age 9). Noah’s mother and brother sought recovery of wrongful death damages.
COURT
Superior Court of San Bernardino County, Victorville, CA
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