Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.
Verdict range $100,000 - $500,000
ARTICLE ID 17650
$________, $________ and $________ VERDICTS - FIRE LOSS - ON PRODUCTS LIABILITY ALLEGATION OF DEFECTIVE SPACE HEATER - FAILURE OF COMMERCIAL TENANT AND LANDLORD TO HAVE FIRE EXTINGUISHERS - SPREAD OF FIRE - PROPERTY DAMAGE.
Bergen County
This was a fire damage case that occurred in an office building.
The plaintiffs included several tenants and the owner who brought
an action against the manufacturer of a space heater, alleging
that it was defectively manufactured. The plaintiff tenants also
contended that the defendant tenant law firm negligently stored
papers within one inch of the space heater, contributing to the
fire and negligently failed to have fire extinguishers on hand,
resulting in the spread of the fire. The owners and plaintiff
tenants engineers contended that the thermostat limit switch of
the space heater failed, contributing to an overheating condition
and the fire, and maintained that a loose connection at the time of
manufacture caused this failure. The defendant manufacturers
expert engineer contended that the switch was open after the fire
indicating that it was functioning properly and further contended
that this evidence supported the manufacturers position that the
heater was not on at the time. The manufacturer also elicited
testimony from employees of the law firm that the space heater
was not on at the time the fire was discovered during business
hours. The incident occurred in may and the manufacturer also
contended that since the temperature ranged from 60-70
degrees, it was doubtful that the heater was on, especially since
the workers had become more used to cold weather during the
winter. The defendant manufacturer also contended that the fire
department had determined that the cause of the fire was a loose
connection in the wire leading to a calculator which was plugged
into the wall socket in question. The damage to the calculator
was extensive and precluded an identification of the
manufacturer. The plaintiffs and defendant manufacturer also
contended that the law firm was negligent in failing to have two
fire extinguishers as required by the BOCA code, resulting in the
fire spreading rapidly. An employee of the law firm testified that
when she observed the fire commencing in the office in question,
she ran for a coffee pot which she filled with water and then
opted not to pour the water on the fire because she saw wires
sizzling and was not certain if placing water on an electrical
fire would be appropriate. The plaintiff tenants and the
defendant manufacturer contended that had the employee been able
to obtain a fire extinguisher, the fire would have been
immediately put out before any damage to surrounding areas
occurred. The lease between the tenants and landlord precluded
actions against each other and the defendant manufacturer named
the landlord as a defendant, arguing that it had a concurrent
duty to supply fire extinguishers. The jury found that the space
heater was not defective. The jury further found that the law firm
was negligent, specifically determining that although its
negligence did not cause the fire, its negligence permitted the
fire to spread beyond the room of origin. They then assessed 90%
liability against the tenant law firm and 10% against the
landlord. They then awarded $________ to the first plaintiff
tenant, $________ to the second plaintiff tenant and $________ to the
third plaintiff tenant. Nalbandian vs. Arvin Industries, et al.
Docket no. L-________-87; Judge Isabel Stark, 9-20-91. Attorneys for
plaintiff tenants: Cecelia Osterlee ($________), Robert Hille
($________), and Sean Doherty, ($________); Attorney for exonerated
defendant space heater manufacturer: Dennis M. Donnelly; Attorney
for landlord: Alan Bernstein; Attorney for law firm: Peter
Melnyk. Plaintiff owners and tenants expert electrical
engineers: Seymour Bodner from Livingston and Paul Nippes from
Holmdel. Defendant manufacturers expert electrical engineer:
Donald Townsend from Phoenix, Ariz. Owners cause and origin
expert: David Redsicker from Hackensack. Spaceheater
manufacturers cause and origins expert: Stuart Mclaughlin from
Delaware. Plaintiff tenants fire suppression expert: Lawrence
Dove from Dove Assoc., Phila.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.