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October 1, 2008
Carr Allison lawyers Hal Mardenborough and Ellen Pappas obtained a defense verdict in a landlord negligence case on September 4,2008 after a three day jury trial. The case involved a claim by a tenant's guest after she was injured when a fire occurred on the stove, causing her to fall. The plaintiff suffered a partial thickness tear to her rotator cuff, and later developed a frozen shoulder. The defense position was that the fire was caused by a spontaneous failure of the stove element, and the defendant had no notice of any problem with the stove. Plaintiff claimed the stove and prior problems and the tenants had warned the landlord. The jury found the landlord was not negligent. The defense verdict will entitle the defendant's insurer to recover attorney's fees because there was an expired $1000 Proposal for Settlement.
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