The smoke from a fire at the Calabasas home of James and Rita Garbell damaged their personal property. For their personal property loss, the Garbells' insurance company paid the policy limit of $424,050, which covered about half of their loss. The Garbells sued Conejo Hardwoods, Inc., to recover for their uninsured loss, and the Garbells' insurer sued Conejo Hardwoods in a separate subrogation action to recover what it paid the
The jury returned a verdict with findings that Conejo Hardwoods negligently caused the fire, attributing 55 percent of the fault to Conejo Hardwoods for the Garbells' total loss of $822,483.45, resulting in a judgment against Conejo Hardwoods of $452,365.90. The trial court then deducted the insurance payment of $424,050, which was at issue in the subrogation action, leaving a net recovery of $28,315.90.
The Garbells appeal the trial court's damages calculation, contending the trial court miscalculated comparative fault, but the Garbells' argument confuses the collateral source rule with the subrogation doctrine. Conejo Hardwoods cross-appeals, contending there was no substantial evidence presented on causation. We conclude sufficient evidence supports causation, and the trial court correctly calculated the judgment. We reverse, however, and remand for modification of the judgment and a reconsideration of Conejo Hardwoods's motion for costs.
The origin of the fire that destroyed the Garbells' personal property was a 35-gallon garbage can located in their garage. The workers used the garage to store their materials and to cut the prestained flooring before installation.
Bryan Robertson was working on the day of the fire installing the hardwood floors. Robertson, along with another worker, smoked at the jobsite. They did not smoke in the garage. Robertson testified that during his breaks, he and another worker would sit on the edge of his truck parked on the street and have a cigarette. When they were done smoking, they would extinguish their cigarettes in a glass Snapple bottle that had a little liquid remaining in the bottle. At the end of the day, Robertson either threw the sealed Snapple bottle into the trash, or left it in his truck. If he threw the bottle into the trash, he sealed it by putting the cap back on the bottle. Robertson was sure he followed what he described as this "routine" on the day of the fire.
The fire started after the workers left for the day. The Garbells were not at home.
Causation was a principal issue at trial. The garbage can located in the garage was the point of origin, but it was almost completely destroyed in the fire.
Derek Olin is a fire investigator and was hired to investigate the fire scene to determine the cause of the fire. During the course of Olin's investigation, he learned that two of the workers smoked at the jobsite, and they told him at the end of the day they "either threw the glass container with the cigarette butts in it into this trash can with sawdust and wood shavings and trash or they dumped the cigarette butts out of the . . . Snapple bottle, into the trash can. They both couldn't agree which they did."
As he further investigated, Olin described the process: "I'm the gatherer of the information. I put it together and keep thinking, okay, analyzing, theorizing, did this happen, this happen, which way could it go, and in this case I came [sic] with the cigarettes in a trash can with sawdust, papers, trash. Could a cigarette start that trash on fire. Yes. It could." Thus, Olin concluded that a cigarette was one of the causes of the fire.
Olin eliminated all other causes of the fire except a discarded cigarette or spontaneous combustion. He testified, "I can also not tell you which one did it because both of them are in the same container, sorry."
On cross-examination, Olin testified that no glass Snapple bottle or glass shards were recovered from the fire. He also testified there was no trace of cigarettes.
Conejo Hardwoods's defense included discrediting Olin's testimony on causation, attributing the extensive smoke damage to the Garbells because the automatic closure mechanism from the fire door in the garage to the residence had been disconnected, and presenting the possibility that a third party's cigarette started the fire.
Before the Garbells filed this action, their insurance company, Fire Insurance Exchange (FIE), filed a subrogation lawsuit against Conejo Hardwoods, Fire
The Garbells filed suit against Conejo Hardwoods to recover for their uninsured loss and alleged a single cause of action for negligence.
At the close of evidence, Conejo Hardwoods obtained a directed verdict on the theory that the fire was caused by spontaneous combustion. The jury was instructed not to consider that evidence in reaching its verdict.
The jury returned a special verdict, concluding the workers and the Garbells were both negligent, attributing 55 percent of the fault to Conejo Hardwoods and 45 percent to James Garbell. The jury determined the total amount of damages for loss of personal property was $822,483.45.
The trial court calculated the damages by taking the total personal property loss ($822,483.45), multiplied by the jury's determination that Conejo Hardwoods was 55 percent at fault ($452,365.90). The trial court then subtracted what FIE paid to the Garbells ($424,050), which was at issue in the subrogation action, leaving a net award to the Garbells of $28,315.90.
The judgment stated the Garbells were not entitled to recover costs because the net recovery was less than the Code of Civil Procedure section 998 offer to compromise presented before trial in the amount of $100,000.01. Conejo Hardwoods was awarded costs, including expert witness and consultant fees which were incurred after November 2, 2007, the date the offer to compromise was presented to the Garbells.
This appeal and cross-appeal followed.
Conejo Hardwoods contends there was insufficient evidence that the workers' smoldering cigarette caused the fire. As part of this contention, Conejo Hardwoods appears to argue that expert testimony was required to
Where findings of fact are challenged on appeal, we are bound by the "elementary, but often overlooked principle of law, that . . . the power of the appellate court begins and ends with a determination as to whether there is any substantial evidence, contradicted or uncontradicted," to support the findings below. (Crawford v. Southern Pacific Co. (1935) 3 Cal.2d 427, 429 [45 P.2d 183].) We must therefore view the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor. This substantial evidence standard of review applies to the jury's findings on causation. (Whiteley v. Philip Morris, Inc. (2004) 117 Cal.App.4th 635, 695 [11 Cal.Rptr.3d 807].)
In this case, the causation question demanded expert testimony to determine the origin of the fire and to establish the cause of the fire. These were not matters of common knowledge.
There was ample undisputed testimony the origin of the fire was within a garbage can located in the Garbells' garage.
Conejo Hardwoods contends, however, there was insufficient evidence upon which the expert could conclude that a carelessly discarded cigarette
Olin, the Garbells' causation expert, ruled out by a process of elimination all causes of the fire except two, a smoldering cigarette and spontaneous combustion. After receiving a directed verdict on the spontaneous combustion theory, which was disproved by a defense expert, the jury considered the alternate theory. There was no trace of cigarettes at the scene, as the jury heard, the garbage can was destroyed in the fire.
Conejo Hardwoods argues this evidence does not support a conclusion that a smoldering cigarette was a probable cause of the fire, only a possible cause. Olin, however, relied on additional information obtained during the course of his investigation. Olin testified that he interviewed unidentified workers who told him they were smoking at the jobsite and either threw the Snapple bottle into the trash or dumped the contents (cigarette materials) into the trash. This information led to his causation conclusion. Moreover, Olin based his conclusion upon the absence of other causes. This is sufficient.
Conejo Hardwoods counters that it presented evidence at trial showing it did not have exclusive access and control over the garage after the workers left for the day, raising the possibility that a third party's cigarette started the
The Garbells contend the trial court miscalculated their damages by deducting the insurance payment they received after determining comparative fault for the total personal property loss. The Garbells insist they were entitled to the insurance payment ($424,050) regardless of their fault, and only their uninsured loss ($398,433.45) is subject to comparative fault. Using the Garbells' method of calculation, the net judgment would have been $219,138.39. The Garbells' argument fundamentally misunderstands their insurer's subrogation rights and the judgment.
The jury determined the total damage to the personal property in the Garbells' home was $822,483.45, attributing 55 percent of the fault to Conejo Hardwoods. Conejo Hardwoods was thus liable for $452,365.90 in damages. The Garbells, however, had assigned their right to recover $424,050 of those damages to FIE in the subrogation action. Conejo Hardwoods presumably paid FIE to settle the subrogation action and was not obligated to pay the Garbells any portion of that $424.050.
Alternatively, the Garbells concede the $424,050 insurance payment does not figure into their net recovery, but contend the payment should not have been deducted before a determination of their comparative fault. This argument ignores the jury verdict, in which the jury was asked to determine the percentage of fault for the total personal property loss, not the uninsured
The trial court erred, however, in awarding costs to Conejo Hardwoods. The judgment of $452,365.90 exceeded the Code of Civil Procedure section 998 offer to compromise. Thus, we reverse the portion of the judgment denying costs to the Garbells and awarding costs to Conejo Hardwoods, including expert witness and consultant fees, which were incurred after November 2, 2007, the date the offer to compromise was served on the Garbells.
We reverse the judgment and remand for a modification of the judgment addressing the determination of costs, and for a reconsideration of Conejo Hardwoods's motion for costs. In all other respects, we affirm the judgment. Each party to bear its own costs on appeal.
Croskey, Acting P. J., and Kitching, J., concurred.