June 18, 2009

O’Bryan, Brown and Toner was successful in defending a local business in a general negligence action. The plaintiff alleged that a fire that occurred on April 18, 2006 was the result of the insured’s negligence when a cardboard box was left on top of an electric stove.  Allegedly, the stove was then turned on which caused started a fire that spread throughout the building resulting in damage.  O’Bryan, Brown and Toner defended by submitting that the origin of the fire was not the stove and therefore could not be a result of the insured’s alleged negligence.  The expert testimony of the fire marshal concluded that the fire originated due to an electrical malfunction in the attic as opposed to the stove.  The jury agreed and rendered a defense verdict, awarding none of the damages sought.

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