April 29, 2009 : Wendy Smith Wins $484,000 Subrogation Verdict
Associate Wendy Smith secured a unanimous verdict on behalf of underinsured homeowners after a jury trial in the Bucks County (Pa.) Court of Common Pleas. The trial involved a total loss of an 100-year-old barn and its contents as a result of a May 2001 fire. The homeowners brought a subrogation action against a major electric company for negligence and breach of contract. An investigation revealed that the fire resulted from a fuse on the electrical line servicing the homeowners’ property that caused a higher magnitude of voltage, which ran longer in duration than normal. In addition, the electrical line was out of service due to improper tree trimming, which was documented in the electric company’s records.
After 10 minutes of deliberation, the jury returned a verdict in favor of the homeowners, awarding $483,793.60 in damages. A motion for delay damages was also filed, seeking delay damages in the amount of $184,587.14.
File Under: Results, Subrogation and Recovery, Wendy Smith