$975,000: 15 Year Old Girl Killed in House Fire Resulting from Defective Cook Top

June 7, 2010

CASE DESCRIPTION: This is an action for wrongful death arising out of a house fire which occurred on or about April 2, 2004, in the City of Rancho Santa Margarita, California.  As a result of a defective gas leaking cook top, Plaintiffs’ daughter Ashley B (“Decedent”)  was fatally injured.  At the time of her death, the Decedent was 15 years old and a strong and healthy young woman.

FINAL RESULT:  $975,000 Total/Settlement Package from all defendants

($375,000-Golden West Plumbing, Inc.)

($375,000-Fieldstone Trabuco Partners,  Fieldstone Communities, Inc., Fieldstone Company, a California corporation (now known as 396 Investments)

($225,000-Electrolux Home Products, Inc., Whirlpool Corporation)

PLAINTIFF’S CONTENTIONS AS TO LIABILITY: Plaintiffs contended that the house fire was caused by a faulty Electrolux/Whirlpool cook top that developed an internal gas leak that ignited during the cooking process. Plaintiffs contended that fire escaped from the stove top, igniting the nearby cabinets and spreading throughout the house. Decedent, age 15, was upstairs sleeping in her room. Decedent sustained fatal heat and smoke injuries.  Plaintiffs also sued the home builder and the company that installed the stovetop.

DEFENDANTS CONTENTIONS AS TO LIABILITY: That the home fire was caused by a defective halogen lamp bulb located in the family den. Defendants contended that this bulb exploded, and the resulting debris ignited a nearby couch and spread throughout the house thereafter.

TYPE OF CASE: Wrongful Death; Negligence (Property Damage); Breach of Express Warranty; Breach of Implied Warranty; Strict Products Liability

PLAINTIFF’S INJURIES: Plaintiff Ashley B was fatally injured.

DATE & LOCATION OF INCIDENT: April 2, 2004, Rancho Santa Margarita, California

PLAINTIFF’S AGE: Decedent, Ashley B, was 15 years old at the time of her death.

PLAINTIFFS ATTORNEYS:
Darren O. Aitken
AITKEN, AITKEN & COHN
For Plaintiffs B John and Dana B

DEFENDANTS ATTORNEYS:
Michael L. Amaro, Esq.
Heather Ijams, Esq.
PRINDLE DECKER & AMARO LLP
For Defendants B Electrolux Home Products, and Whirlpool Corporation

Brad M. Elder, Esq.
THAGARD & REISS LLP
For Defendant B Golden West Plumbing

Roger L. Bellows, Esq.
LEWIS BRISBOIS BISGAARD & SMITH
For Defendant B Fieldstone Communities, Inc.,