- This case has it all, drugs, sex and rock and roll... your opinion will be
worth $5 to the Schiff Liver foundation so please tell me what ya'll think and
thanks in advance
Todd Terry and the Estate of Chad Bello Ethel & Fred
on behalf of Chad Bell´s two 13 year Casualty r us
Ins. (Ins. Co.)
old children namely Dick and Jane.
1. Landlords,Ethel & Fred Ricardo , failed to remove a 30 year old
malfunctioning built in air conditioner and attached power cord in the living
2. Casualty r us Ins. failed to preserve the fire scene and as a
result thereof, the landlord, Fred, threw away the couch and remains of ½ the
FACTS according to plainftiff
On 4/10/99, Terry and Chad leased ½ of a duplex from landlords. Terry and
her 1 year old son, Sandy moved in with Chad . Later, Terry & Chad had a son
named Moe who was born in June 2000. Landlords were responsible for maintaining
the electrical, heating and air conditioning in good repair. Fred is an
electrical engineer. He spent most of his adult life working with lighting
fixtures and power cords and is familiar with electrical wirings in homes.
Plaintiffs were not allowed to make any alterations or repairs.
On 5/1/00, Terry informed Fred that the air conditioning unit was
malfunctioning. Fred inspected it and determined that it was too old to fix.
Fred installed a new heating and air conditioning unit but did not remove the
built-in air conditioner and attached power cord. Terry kept the air
conditioner plugged in to keep Sandy from sticking his finger and other objects in
On 11/1/00, Terry came home from work, ate dinner, put Sandy to bed and laid
down in her bedroom to rest. Moe was in a car seat next to the couch in the
living room with Chad who was asleep on the couch. Terry woke up and saw that
living room was on fire. Terry attempted to get to Sandy's bedroom but was
overcome by smoke. She escapes through the window to get help to save Sandy.
Chad and Moe burned to death in the living room.
Sandy died 6 days later from smoke inhalation after fire dept rescued him.
Terry survived after 5 days in the hospital from smoke inhalation injuries.
Terry seeks damages for loss care, love and affection of her 2 children. If she
is awarded damages, she intends to give significant portion to the burn
foundation for children. Chad's estate seeks damages on behalf of Dick and Janefor
the loss of their father. Dick and Jane are learning impaired and have
suffered emotionally due to the loss of their father´s guidance and support.
Chad worked for minimum wage at a Salvation Army store. His kids came to
visit him on weekends and Jane was about to move in with Terry and Chad when the
Terry has been convicted of 2 felonies (1994 & 1998) for forgery due to her
cocaine addiction. While pregnant with Moe, she used cocaine. Terry has been
drug free for 18 months. Previously she gave up her 3 children for adoption
due to her addiction problem. She stays in monthly contact with each of them.
Terry is Caucasian and Chad is Afro-American. Both Terry and chadwere
Plaintiffs´ expert fire investigator Jones has indicated that the fire
started from an electrical event behind the couch. He cannot say how it started
because Casualty r us Ins. failed to preserve the couch and ½ of the power cord
from the air conditioner. He concluded that it could not have started from a
cigarette because Chad only had 2% carbon monoxide in his blood despite being
a smoker; whereas Sandy had a carbon monoxide level of 60 and Terry´s level
was 27. Jones´ opinions are supported by Dr. Igor who concluded that chad and
Sandy burnt to death from a fast developing fire which occurred within 2-4
minutes of ignition. Expert Jones was able to eliminate cigarette smoking and
other causes of the fire because of the fire retardant character of the carpet.
Previous to plaintiffs moving in, the landlord installed a smoke detector in
a hallway adjacent to the kitchen. Whenever Terry and chad cooked, the alarm
would go off so Chad disengage the smoke detector. Chad did not request the
landlord to move the smoke detector. Because of the rapid development of the
fire, a smoke detector would not have saved Chad or Sandy but may have given
enough warning for Terry to save Moe.
Plaintiffs claim that insurance fire investigator Mr Moose failed to secure
the premises and the evidence therein. As a result, plaintiffs´ expert Jones
cannot examine the remains of the couch and missing ½ of the power cord for
evidence of arcing. Ins. Co. denies that it failed to secure scene.
Defendants´ expert Moore speculated that Terry and Chad caused the fire
because they were using illegal drugs. Police and fire dept investigators
determined that arson was not the cause of the fire nor was illegal paraphernalia
found. Moose also speculated that cigarette smoking or other electrical source
may have started the fire, but these theories are not supported by medical or
physical evidence found.
Moose concluded that the fire started in the living room, but did not know
where it started. Moose secured a few items that later proved not to be the
cause of the fire such as space heater and gas cans.
The landlord Fred claims he got permission from defendant Casualty r us Ins.
to throw away the couch and debris from the fire scene. Defendant Casualty
r us has no record of him seeking permission.
Defendants claim Plaintiffs should receive nothing because of their own
fault. Defendants further claim that Plaintiffs have not proved liability or
so what do you think about this?
Percentage of fault of fault should equal 100%
Plaintiff Terry ____________%
Plaintiff Estate of Chad ____________%
Defendant Fred and Ethel ____________%
Defendant Casualty r us Ins ____________%
TOTAL 100 %
If you find that Terry or Chad Bell were more than 50% at fault, then they
shall receive no damages
The amount of damages Terry without regard to fault
The amount of damage to Estate of Chad without regard to fault $___________
The amount of damages X percentage of fault assessed against Fred and ethel
and Casualty r us Ins.
Percentage of fault of Ethel and /Fred _______%
+ percentage of fault of Casualty r us Ins. ________%
Total percentage of fault of both defendants ______________% x Terry's damages
$___________________ = net damages to Terry
Total percentage of fault of both defendants ______________% x Estate of chad
damages $___________________ = net damages to Estate of Chad
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