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Houston Personal Injury Attorney Case Results:

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Plaintiffs claimed defective lamp caused fatal house fire

Products Liability

Plaintiffs claimed defective lamp caused fatal house fire

 

Settlement: Confidential
Case Type: Design Defect, Products Liability - Marketing Defect, Products Liability - Manufacturing Defect, Wrongful Death - Survival Damages, Products Liability - Household Products
Case: Alma Gloria Garcia, Jon E. Garcia, Marisa M. Thomas and Cynthia L. Galvan-Yanez, Individually and As Heirs to the Estate of Domingo S. Garcia Jr., Deceased v. Cheyenne Industries Inc., No. 05-60134-4
Venue: Nueces County Court at Law No. 4, TX
Judge: James Klager
Date: 07-17-2007

PLAINTIFF(S)
Attorney:
  • Vuk S. Vujasinovic; Vujasinovic & Beckcom, P.L.L.C.; Houston, TX, for Cynthia L. Galvan-Yanez, Alma Gloria Garcia, Domingo S. Garcia (decedent), Jon E. Garcia, Marisa M. Thomas
  • Brian Beckcom; Vujasinovic & Beckcom, P.L.L.C.; Houston, TX, for Alma Gloria Garcia, Jon E. Garcia, Marisa M. Thomas, Cynthia L. Galvan-Yanez, Domingo S. Garcia (decedent)
  • John B. Gsanger; The Edwards Law Firm; Corpus Christi, TX, for Alma Gloria Garcia, Jon E. Garcia, Marisa M. Thomas, Cynthia L. Galvan-Yanez, Domingo S. Garcia (decedent)


Expert:
  • H. Feltoon Ph.D.; Psychology/Counseling; Austin, TX called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • John Burwell; Electrical; Chicago, IL called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • Stephen Horner Ph.D.; Economics; Corpus Christi, TX called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • Judd Clayton Jr.; Electrical; Houston, TX called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • Rex McLellan Ph.D., P.E.; Metallurgy; Houston, TX called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • Cory Martin; Cause & Origin; League City, TX called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • Vincent Di Maio M.D.; Forensic Pathology; San Antonio, TX called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic
  • Vytenis Babrauskas Ph.D.; Fire Science; Seattle, WA called by: Brian Beckcom, John Gsanger, Vuk Vujasinovic

DEFENDANT(S)
Attorney:
  • Arthur K. Smith; Law Offices of Arthur K. Smith, P.C.; Allen, TX, for Cheyenne Industries Inc.
  • Darrell L. Barger; Hartline, Dacus, Barger, Dreyer & Kern, L.L.P.; Corpus Christi, TX, for Cheyenne Industries Inc.
  • Matt Lair; Shelton & Valadez, P.C.; San Antonio, TX, for Cheyenne Industries Inc.
  • Robert E. Valdez; Ray, Valdez, McChristian & Jeans; San Antonio, TX, for Cheyenne Industries Inc.


Expert:
  • David Reiter P.E.; Electrical; Conroe, TX called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
  • Thomas Sing; Cause & Origin; Conroe, TX called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
  • Mark Sutherland C.F.E.I.; Forensic Engineering; Conroe, TX called by: Robert Valdez, Darrell Barger, Matt Lair, Arthur Smith
  • Daniel Churchward; Fire Science; Fort Wayne, IN called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
  • William Arnoult Ph.D., P.E.; Metallurgy; Houston, TX called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
  • Michael Baden M.D.; Forensic Pathology; New York, NY called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
  • Charles Manning Jr., Ph.D., P.E.; Failure Analysis (Metallurgy); Raleigh, NC called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
  • John DeHaan Ph.D.; Fire Science; Vallejo, CA called by: Robert Valdez, Matt Lair, Darrell Barger, Mark Stratton, Arthur Smith
Insurer:
  • Arch Insurance
  • Facts:
    Early on the morning of June 11, 2004, plaintiffs' decedent Domingo S. Garcia Jr., 63, a retired postal worker, died in a fire at his one-story home in Corpus Christi.

    The plaintiffs--Garcia's wife, three adult children and estate--sued Cheyenne Industries Inc., Little Rock, Ark., for products liability.

    The plaintiffs claimed that the origin of the fire was near a pedestal lamp designed, manufactured, and marketed by Cheyenne Industries Inc., Little Rock, Ark., and that the lamp, whose model number was F180 HG-1, was the cause of the fire. They also alleged that lamp defects caused an electrical arc in the cord; that the arc ejected particles of molten copper onto a nearby wicker basket containing an artificial tree; and that the basket and tree ignited.

    The plaintiffs argued that analysis of fire patterns, arc mapping and char depth indicated that the fire's origin was near the lamp.

    The plaintiffs further claimed that the lamp was designed and manufactured with too thin a cord. Cheyenne Industries said it used SPT-2 cord for lamps in this line, in accordance with UL standards, but at the time of the fire, the lamp had an SPT-1 cord, which the plaintiffs' line cord expert, John Burwell, said provides 83 percent less cross-sectional area of insulation.

    The plaintiffs further claimed that the sharp edge along the base of this model can easily damage the cord. They argued that inspection reports about similar models and a prior incident bore out this claim.

    The plaintiffs also argued defective marketing, in that the lamp was incorrectly advertised as UL listed.

    Cheyenne Industries removed the case to federal court, but it was remanded.

    Cheyenne Industries contended that another company designed and manufactured the lamp; that the Garcia family switched the original cord after buying the lamp; that fire patterns and other physical evidence showed that the origin was in a different area of the living room; that the wicker basket was too far from the arc, if any, to be ignited by it; and that the copper droplets, if any, would have been insufficient to ignite the basket.

    Cheyenne Industries denied any defect, arguing that the plaintiffs adduced no sufficient evidence of any cord defect that was a producing or proximate cause of the fire, and said that the plaintiffs' experts could not articulate such a defect.

    The Corpus Christi Fire Department and State Fire Marshall's Office concluded that the fire's cause was unknown.

    The plaintiffs denied switching the cord, and one of Cheyenne Industries's product-defect experts agreed that they probably did not. The defense acknowledged that the arc, if any, was within five inches of the basket, and other defense experts' tests did reproduce ignition of a wicker basket with an arc under conditions similar to those alleged by the plaintiffs.

    More than 20 depositions were taken.

     


    Injury:
    Garcia died of smoke inhalation. The plaintiffs--wife Alma Gloria Garcia, 60; son Jon E. Garcia, 25; daughter Marisa M. Thomas, 28; and daughter Cynthia L. Galvan-Yanez, 38--claimed loss of financial support in the past and future, based on a retirement pension that Garcia would have received; lost household services; and damages for mental anguish and loss of companionship and society.

     


    Verdict Information Thirteen days before trial was set to begin, Cheyenne Industries settled for a confidential amount.

    Plaintiffs' counsel reported that, less than two weeks after the fire, the lawyers retained experts who investigated the fire scene for several days. This investigation was critical to the development of the plaintiffs' case, they said.

     


    Editor's Comments This report is based on information that was provided by plaintiffs' counsel and defense counsel.

     

    Awarded: Confidential