Harold Bandfield v. Coronado Shores Condominium Assoc.

Wrongful death case involving failure to notify tenants of a condo complex of emergency fire procedures. Jury verdict amounting to $546,646.10.

Plaintiff's Medical Expert Witnesses: None, medical treatment, bills and cause of death were stipulated

Plaintiff's Technical Expert Witnesses:
Doug Perry, Chula Vista Fire Marshal, non-retained expert, Chula Vista Fire Dept.

Defendant's Technical Expert Witnesses:
Michael Chillensky (for defendant Oliver), San Diego; James Dyar (for defendant Condo Assoc.), Chula Vista

Defendant Insurance: Condo Association - Liberty Mutual Oliver - State Farm

Date, Time and Place of Incident (s):
1/6/95, approximately 10 am, Coronado Shores Cabrillo Tower, 1730 Avenida Del Mundo, Coronado, CA

Facts and Background:
An electrical fire broke out in a fourth floor unit of the 15-story 150-unit high-rise condominium tower. The alarm sounded throughout the building and smoke spread up the stairwells and through the halls. 83 year old Jeannette Bandfield was in her 11th floor apartment and attempted to evacuate the building down the stairwell. She was overcome by smoke and found unconscious by a fire fighter in the stairwell between the 9th and10th floors. She was taken to UCSD Medical Center Burn Unit ICU and died there 23 days later on January 29, 1995. Plaintiff and decedent observed their 47th wedding anniversary while she was in the ICU. of the 15-story 150-unit high-rise condominium tower. The alarm sounded throughout the building and smoke spread up the stairwells and through the halls. 83 year old Jeannette Bandfield was in her 11th floor apartment and attempted to evacuate the building down the stairwell. She was overcome by smoke and found unconscious by a fire fighter in the stairwell between the 9th and 10th floors. She was taken to UCSD Medical Center Burn Unit ICU and died there 23 days later on January 29, 1995. Plaintiff and decedent observed their 47th wedding anniversary while she was in the ICU.

Plaintiff's Contentions, Allegations:
Defendants were negligent for failing to inform the Bandfields of the procedures to follow in the event of a fire. The appropriate procedure for the building was to stay in your apartment unless told to evacuate by the authorities. The only information the Bandfields had ever received for 9 years in the building was the sign at the elevator stating "In case of fire use stairway for exit. Do not use elevator." Defendants violated applicable statutes and State Fire Marshal regulations requiring emergency plan procedures to be posted at all elevator landings, all stairway landings and inside all public entrances. The procedures had never been posted in such places or anywhere else in the Bandfield unit or the common area of the building.

Injuries and/or Damages:
23 days of ICU treatment followed by wrongful death.

Defense:
The defendants contended they were not negligent because the Fire Department had never told them to comply with the law. They also argued there was no causation suggesting decedent would have attempted to evacuate down the stairs even if she had been properly notified to stay in her apartment. Defendant Oliver contended that he had not received the fire procedures himself for many years and by the time he did there was no statute or regulation requiring him to post such information. He also disputed causation. Fire Department had never told them to comply with the law. They also argued there was no causation suggesting decedent would have attempted to evacuate down the stairs even if she had been properly notified to stay in her apartment. Defendant Oliver contended that he had not received the fire procedures himself for many years and by the time he did there was no statute or regulation requiring him to post such information. He also disputed causation.

Notes: The court took judicial notice of the State Fire Marshal regulations, Title 19 and instructed on negligence per se.

Specials: PAST MEDICAL, FUNERAL & BURIAL: $246,646.10 (this includes funeral & burial)

Demand:
To Coronado Shores: $250,000 by 998; later reduced to $200,000;
To Oliver: $250,000 by 998, later reduced to $50,000.

Offer: $300,000.00

Settlement Amounts:
$60,000 settlement before trial with developers of the building for alleged defects in the electrical floor socket where the fire started.Doug Perry, Chula Vista Fire Marshal, non-retained expert, Chula Vista Fire Dept.

Verdict or Award: ECONOMIC: $246,646.10; NON-ECONOMIC: $300,000.00, Apportionment: 85% Coronado Shores 10% Decedent 3% Plaintiff 2% Other 0% Oliver

Other Verdict Details:
Plaintiff entitled to over $20,000 prejudgment interest for beating the 998 demand. $8,500.00 cost award. Motion for new trial denied.

Lenth of Trial: Six days

Jury: Deliberated one day N/A

Jury Polled: Negligence 12-0, Causation 9-3, Damages 11-1, Allocation 10-2

Attorney for client: R. Christian Hulburt (former partner)

Attorney for defendant:
Luther Horton, Esq, Horton, Gerschler & Ryan; John Culver, Esq. and Ann Farias, Esq., Richard Patterson & Associates