Discontinuance During Summary Judgement

HPM&B Partner Gabrielle DeYoung and Associate Alex J. Paez recently obtained discontinuances for our client, a major utility company, after moving for summary judgment in three related matters. The matters stemmed from a fire that occurred in January 2012 while the Plaintiffs were attaching tiles to the walls of an unventilated recording studio with a contact cement. The Plaintiffs alleged injuries, included smoke inhalation and second- and third-degree burns. Two Plaintiffs died in the fire as a result of their injuries and the third survived with various mental health injuries and permanent scarring. Plaintiffs alleged that our client was negligent, careless and/or reckless in the ownership, operation, management, maintenance and control of the electricity at the premises, by: causing, allowing, and permitting a deadly fire to begin; allowing and permitting the illegal use of electricity; failing to inspect the electrical output and/or wiring and/or electrical meters at the premises; failing to ensure the safety of the electrical output; allowing theft of electricity; failing to maintain proper electrical outlets at the premises; and allowing the building to illegally obtain electricity by illegally bypassing the electrical box to obtain electricity. Through expert testimony, we established that our client properly terminated service two years prior to the fire; did not provide services to the premises on the day of the fire; any service obtained was through circumvention of the termination of services; and that no act or omission of our client was the source of the fire. After a motion for summary judgment was filed in each matter, all three Plaintiffs discontinued their claims against our client. Thereafter, the co-defendants agreed to discontinue their cross-claims.