DeMirjian v. Ideal Heating Corp.

WOOD (Parker), J. Appeal by defendant Ideal Heating Corporation from an order granting plaintiffs’ motion for a new trial. The action is to recover damages which resulted from a fire that destroyed part of a building and personal property. The fire was caused by the alleged negligence of defendant Lupella, an employee of defendant Ideal. In a jury trial, judgment was for defendant Ideal. (Lupella did not appear in the action—apparently he was not served with summons and complaint.) The motion for a new trial was granted on the grounds of insufficiency of the evidence, and errors of law.

There have been three trials of the action. The first trial was in 1951, before Judge Nourse without a jury, and judgment was for plaintiffs. That judgment was reversed on the ground that the findings did not support the judgment. (DeMirjian v. Ideal Healing Corp., 112 Cal.App.2d 251 [246 P.2d 51].) The second trial was in 1953, before Judge Willis with a jury, and judgment on a directed verdict was for Ideal. That judgment was reversed on the ground that there was sufficient evidence to support a verdict for plaintiffs and that the court erred in directing a verdict for Ideal. (DeMirjian v. Ideal Heating Corp., 129 Cal.App.2d 758 [278 P.2d 114].)

On April 12, 1946, plaintiffs owned a one-story double building in Los Angeles. One-half of the building was leased to and occupied by Ideal, which was engaged in manufacturing floor and wall furnaces and heaters. The other half of the building was occupied by plaintiffs, who were engaged in manufacturing lamps. About 2:30 p. m. on that date a fire, which originated in the part of the building occupied by Ideal, resulted in total damages to plaintiffs in the stipulated sum of $122,081.

The facts as to the cause of the fire are stated in detail in DeMirjian v. Ideal Heating Corp., 129 Cal.App.2d 758 [278 P.2d 114], It may be stated generally that the fire was caused under the following circumstances: Lupella, an employee of Ideal, was on his way to the washroom to use its [542]facilities and to smoke a cigarette. He stopped to fill his cigarette lighter with spatter fluid from a 50-gallon drum which was adjacent to an aisle that was used for access to the washroom. He opened a spigot on the drum until the fluid was dripping. He accidentally pressed the spark button on the lighter and ignited the fluid. He dropped the lighter in a drip pan which was under the spigot, and a blaze started in the pan. The shop foreman told him to shut off the spigot. Impelía’s clothes caught fire and the foreman told him to hit the spigot. Impelía hit the spigot with his foot and knocked the spigot off the drum. Then the flow of spatter fluid increased and the fire blazed up to crates which were in the balcony. The crates caught fire and the fire spread beyond control.