Case details
Tenants alleged code violations caused farmhouse fire
SUMMARY
$50000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, laceration mental, post-traumatic stress disorder, psychological, PTSD, sutures
FACTS
In 2006, plaintiffs Wendy Linka, 57, a sales clerk, and Kevin Bowers, 55, a truck driver, rented a farmhouse in Dixon from its owner Gary Gragg. In 2008, the farmhouse was destroyed by a fire. Linka claimed to her left arm as a result of the fire. Linka and Bowers sued Gragg, Joe Chastain and Chastain Electric for negligence. Linka and Bowers claimed that Gragg hired Chastain Electric to work on the building’s main electrical panel box in 2006, before the fire, in order to repair broken circuit breakers. Plaintiffs’ counsel contended Chastain Electric and its owner, Joe Chastain, failed to secure a building permit and hired unlicensed, unsupervised workers to replace the electrical panel. Thus, counsel contended that there were code violations in the electrical work, which caused the fire. Counsel for Joe Chastain and Chastain Electric denied that there were any code violations in the work that was done and contended that the electrical system worked fine for two years after the repairs were made. Counsel for Gragg also claimed that the electrical system worked for two years before the fire. The defense’s expert engineer opined that the power was on when the fire was discovered, indicating that there was no failure of the electrical system., Linka and Bowers each claimed personal property losses. In addition, Linka claimed she suffered a laceration to her left arm when she went back into the burning building to get her personal property. As a result, she treated at an emergency room and had eight stitches in her arm. She further claimed she suffered post-traumatic stress disorder as a result of the incident. Linka sought recovery of $400,000 in personal property losses, as well as recovery of damages for her medical expenses and pain and suffering. Bowers also sought recovery of damages for his personal property losses.
COURT
Superior Court of Solano County, Solano, CA
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