Date: 02-23-1998

Case Style: American States Insurance Company et al. v. Caputo Brothers Builders, Inc., et al.

Case Number: 72245

Judge: Unknown

Court: Court of Common Pleas, Cuyahoga County, Ohio

Plaintiff's Attorney: James L. Glowacki and James Imbrigiotta of Glowacki & Associates Co., Cleveland, Ohio

Defendant's Attorney: George W. Lutjen of Davis & Young, Cleveland, Ohio

Description: Negligence - Design and/or Construction of Building - Fire - This case involves the plaintiffs, American States Insurance Company and Hilltop Plaza Company who sued the defendant Caputo Brother Builders, Inc. in an action for negligent design and/or construction of a building. On June 4, 1991, the Hilltop Plaza located in Richmond Heights was substantially damaged by fire. The property was insured by American States Insurance Company. On June 2, 1995, the plaintiffs filed a complaint against the builder of the Hilltop Plaza, Caputo Brothers Builders, Inc. At trial, the plaintiffs presented evidence that Caputo did not install fire-stops in the canopy area of the plaza as required by the Ohio Basic Building Code. Plaintiffs contended that the failure to build the fire-stops caused the fire to spread, as the purpose of the fire-stops is to contain fire in a compartment or at least restrict the passage of the fire for some time. Plaintiff's evidence was that the fire began internally, buring for a considerable amount of time before it was detected. The flames eventually burned through the roof of the plaza.

Caputo presented the testimony of an expert witness, Dr. George Kramerich, in its defense. Dr. Kramerich opined that the fire originated on the outside of the building, spreading across the roof. Because the fire was on the roof, fire-stops would not have contained or supressed the fire.

Outcome: Jury verdict for the defendant.

Plaintiff's Experts: Unknown

Defendant's Experts: Dr. George Kramerich

Comments: Reversed and remanded by the Court of Appeals of Ohio, Eighth District, Cuyahoga County, Ohio. See: 710 N.E.2d 731, 126 Ohio App.3d 401, (OhioApp. 8 Dist. 1998). The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.