2 total
Action for fire damage dismissed as plaintiffs failed to prove spontaneous combustion of rags caused fire.
The plaintiffs' home was severely damaged by a fire while undergoing renovations.
The plaintiffs alleged the fire was caused by the spontaneous combustion of stain-soaked rags left by the defendant painting subcontractor, and sought to hold the general contractor vicariously liable.
The court found that the plaintiffs failed to prove the cause of the fire on a balance of probabilities, accepting the painter's evidence that he did not leave rags in the home and noting that electrical arcing could not be ruled out as a cause.
The court declined to draw an adverse inference against the defendants for failing to call another fire investigator.
The action was dismissed, though damages were assessed at $1,348,939.91 in the alternative.
Timetable set for motion to enforce settlement after plaintiff disputed acceptance of dismissal offer.
The defendant brought a motion to enforce a settlement or dismiss the action, arguing the plaintiff's counsel had accepted a without-costs dismissal offer.
The plaintiff's counsel raised issues regarding the terms of the offer and whether acceptance occurred.
The court noted there appeared to be no issue regarding ostensible authority, encouraged the plaintiff's counsel to seek instructions, and set a timetable for the motion if the matter did not settle.
