XV/10-17 FIRE AT ROOMING HOUSE - INSUFFICIENT NUMBER OF SMOKE DETECTORS

BOARDER SUFFERS SMOKE INHALATION AND OTHER INJURIES

Leo O. v. Katherine Schaeffer, Joan Correia, and Theresa Coovier 162490-93 Verdict 6/24/97 Queens Supreme 1 month trial.

Judge: Herbert A. Posner

Verdict: Liability: Defts. 60%; nonparty Deft. 40% negligent (6/0). Subsequently settled for $450,000. Jury: 5 male, 1 female.

Pltf. Atty: James v. Mattone of Daniel P. Buttafuoco & Assoc., Mineola

Deft. Atty: Kenneth L. Brown of Rivkin, Radler & Kremer, Uniondale, for Schaeffer and Coovier Frank C. Falzone of Alio, Ronan, Kesnig & Ritzert, Melville, for Correia

Facts: On 6/28/93, Pltf., age 72 and retired, was found in his room at a rooming house at 60-39 Maspeth Ave. in Maspeth after a fire, which had started when another boarder (nonparty 40% liable) threw a lit cigarette in a garbage can. Pltf. contended that because the house was being used as a multiple dwelling, smoke detectors were required not only in hallways, but in each dwelling unit. He contended that if proper smoke detectors had been in place, he would have been woken from his sleep and been able to escape. The New York Fire Dept. reports were conflicting as to the presence of smoke detectors.

Defts., the owners of the house, contended that the proximate cause of Pltf.'s injuries was the actions of the boarder who carelessly threw away a cigarette.

Injuries: smoke inhalation; friable (brittle) trachea; carbon dioxide poisoning. Pltf. was hospitalized for 2 months, and underwent 2 months of rehabilitation. Demonstrative evidence: photographs of house; diagram of trachea. Offer: $50,000; demand: $ 350,000. Carriers: USF&G; Allstate; CNA. Jury deliberations: 4 hours. Settlement apportionment: Each Deft. paid $150,000.

Pltf. Expert: Jay Shankrnan, safety engineer, Farmingville. Pltf. would have called Dr. Ali Guy, rehabilitative medicine, Manhattan.

Deft. Expert: There was no expert testimony for Defts.