The decedent was killed when a raging fire consumed her apartment building. Plaintiff alleged that the smoke detectors failed to operate during the fire, depriving the decedent of the opportunity to escape the fire. Plaintiff further alleged that the owner and manager of the apartment complex failed to maintain the building adequately, causing an increased risk that fires would spread quickly once started and, in particular, that the defendants failed to install or maintain adequate fire-stopping materials and measures. Case settled prior to depositions and designation of experts for limits of underlying liability policy.
Mediated Settlement Report
Type of action: Wrongful death/apartment fire
Injuries alleged: Death
Case name: Confidential
Case number: Confidential
Court: Confidential
Verdict or settlement: Mediated settlement
Date: Confidential
Amount: $1 million
Insurer: Confidential
Experts: Confidential
Were liability and/or damages contested? Yes
Was the opposing party represented by legal counsel? Yes
Has the plaintiff been successful in actually collecting the judgment? Yes
Plaintiff’s attorneys: Mark McGrath and George Podgorny, McGrath Podgorny (Research Triangle Park)
Editor’s note: The information in Lawyers Weekly’s verdicts and settlements reports was submitted by the counsel for the prevailing party and represents the attorney’s characterization of the case.