Wrongful death claimed after fire in motel room. $8.5M. Shasta County.
Summary
Plaintiffs' decedent, the mother of adult children, dies in motel-room fire.
The Case
- Case Name: Lee/Foster v. Sun Dial Lodge
- Court and Case Number: Shasta County Superior Court / 199623
- Date of Verdict or Judgment: Wednesday, December 18, 2024
- Date Action was Filed: Friday, April 22, 2022
- Type of Case: Fire or Explosion, Highlighted Verdicts, Wrongful Death
- Judge or Arbitrator(s): Hon. Benjamin Hanna
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Plaintiffs: Estate of Jenell Foster; decedent's four adult children
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Defendants: Sun Dial Lodge
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $8,525,390.07, plus costs and interest TBD
- Net Verdict or Award: $6,394,042.55 after 25% comparative negligence.
- Contributory/Comparative Negligence: 25% on decedent
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Economic Damages:
Past medical: $15,180.07
Past funeral and burial costs: $10,210
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Non-Economic Damages:
$3,000,000 for past pain, suffering, and disfigurement.
$2,000,000 for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support from date of death to verdict.
$3,000,000 for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support from date of verdict through decedent's life expectancy.
$0 for loss of training and guidance from date of death to verdict.
$500,000 for loss of training and guidance from date of verdict through decedent's life expectancy.
- Trial or Arbitration Time: 17 days
- Jury Deliberation Time: 2 1/2 hours
- Jury Polls: Unanimous on all questions except for comparative fault, which was 10-2
The Attorneys
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Attorney for the Plaintiff:
Dreyer Babich Buccola Wood Campora, LLP by Anthony Garilli, Sacramento. (For the three adult daughters of Ms. Foster.)
Barr Mudford by Catie Barr and Brandon Storment, Redding. (For adult son of Ms. Foster.)
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Attorney for the Defendant:
McCormick Barstow, LLP by Dana Denno, Fresno.
The Experts
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Plaintiff's Medical Expert(s):
Granger Wong, M.D., burns.
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Defendant's Medical Expert(s):
Michael Brones, M.D., burns.
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Plaintiff's Technical Expert(s):
Michael Schulz, fire origin, cause, and safety.
Robert Griswold, property management.
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Defendant's Technical Expert(s):
Jim Beem, fire origin and cause.
James McMullen, code compliance.
Allan Snyder, property management.
Facts and Background
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Facts and Background:
Decedent Jenell Foster was a 67-year-old African-American woman being housed at defendant Sundial Lodge as part of a program to assist the homeless in Redding during the COVID-19 pandemic.
Ms. Foster possessed a toaster and a hot plate in her room. A fire broke out in Ms. Foster’s room and the origin and cause was determined to be the toaster. Defendant alleged at the time of the fire, Ms. Foster was standing on the second floor balcony in front of her room with her door open and the window open approximately 12 inches. Defendant further alleged that the owner of the motel was outside for watering plants and observed Ms. Foster standing on the balcony smoking a cigarette.
Defendant’s owner claimed that after three to four minutes, she noticed smoke billowing from Ms. Foster’s window and that 10 to 30 seconds later, Ms. Foster also noticed the smoke and ran back into the room, shutting the door behind her. Ms. Foster was found badly burned in the bathroom and perished in the fire.
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Plaintiff's Contentions:
That the motel room where Ms. Foster died did not have a smoke detector. That Defendant admitted it was aware Ms. Foster possessed the appliances in her room and that it allowed her to keep them. That defendant failed to enforce its rule of no third-party appliance usage, if in fact the rules actually existed.
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Defendant's Contentions:
That the motel had a single station smoke detector in the motel room and that defendant's owner tested it weekly.
Defendant alleges that the motel had rules against third-party appliance usage. That Ms. Foster was warned about the no third-party appliance usage rule by the motel owner, who never saw the appliance again after the warning. (This was contrary to the owner's deposition testimony where she testified that she allowed Ms. Foster to keep them.)
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
Mixed pattern second and third degree burns on 80-90% of Ms. Foster's total body surface.
Demands and Offers
- Plaintiff §998 Demand: Defendant’s represented policy limits of $2,000,000 on May 2, 2023.
- Plaintiff Final Demand before Trial: $4 million on November 1, 2024 just before MILS were heard, then $6 million after MILS – available to defendant until the close of jury selection and opening statement.
- Defendant Final Offer before Trial: $250,000 to the Estate of Jenell Foster, $50,000 to Ms. Foster’s adult son, and no offer was made to the adult daughters.
Additional Notes
There were a total of 55 MILS filed.
Motel insurer: Oregon Mutual