Congratulations on another win to Orange County Partners Jonathan Cothran and Rachel Mihai for prevailing on a Motion for Summary Judgment in a wrongful death case!
Plaintiffs filed a wrongful death lawsuit alleging negligence and vicarious liability against BWB&O’s client, a licensed electrical contractor. BWB&O’s client installed a solar system at the Plaintiffs’ home in January 2018. In October 2018, an electrical fire broke out at the home in an upstairs bedroom. Tragically, the family’s father perished in the fire when he entered the home after the fire started. Plaintiffs alleged that BWB&O’s client was liable for the fire and Plaintiffs’ resulting injuries due to its electrical work on the solar system at the home.
BWB&O moved for summary judgment arguing Plaintiffs could not establish that its client was the cause of the fire or Plaintiffs injuries. BWB&O argued the fire was an accident that would have occurred regardless of its client’s work at the home. BWB&O further argued that its client was not liable for the work of other contractors that performed electrical work at the property after its work was completed in January 2018. BWB&O presented substantial evidence in support of the motion and successfully persuaded the Court there were no triable issues of material facts as to either causation or vicarious liability. The Court agreed and summary judgment was granted!