Tenant is burned when her malfunctioning electric stovetop burner explodes. Female, burns to 21% of body, diabetes and depression.

RESULT: $490,000.
TYPE: Mediation award of $450,000.00 with Farmers Insurance Company; Mediator, Hon. Arleigh Maddox Woods; $40,000.00 settlement with General Motors Corp. and Frigidaire Inc. prior to mediation.

COUNTY: Los Angeles
COURT: Los Angeles Superior Court
CASE NAME: Anait Stepanian v. Lincoln Manor Apartments, Cheng Kuan Chang, Al Weinstein, Luan Weinstein, General Motors Corp. and Frigidaire, Inc.
CASE NO.: BC 224600

PLAINTIFF ATTORNEY(S):
Law Offices of Maro Burunsuzyan, by Maro Burunsuzyan, Glendale, (818) 507-5188.

DEFENSE ATTORNEY(S):
Bremer & Whyte, LLP, by Michael A. Sandstrum, Newport Beach, (949) 221-1000.
Grace, Genson, Cogrove & Schirm, by Dommond E. Lonnie for General Motors Corp. and Frigidaire, Inc., Los Angeles, (213) 533-5400.

INSURANCE COMPANY:
Farmers Insurance Company

PLAINTIFF EXPERT(S):
Jeffrey Schaffer, Ph.D., Neuropsychologist, Los Angeles.
Kenneth L. Nudleman, M.D., Neurologist, Santa Ana.
Michael S. Wallack, M.D., Internist, Santa Monica.
Lester M. Zackler, M.D., Psychiatrist, Sherman Oaks.
Richard D. Grossman, Product Expert, Woodland Hills.
Michael M.J. Matza, Electrical Engineer, Glendale.

DEFENSE EXPERT(S):
John Hochman, M.D., Psychiatrist, Los Angeles.
Harriet T. Conkley, M.D., Neurologist, Santa Monica.
Jeffrey Rosenberg, M.D., Plastic Surgeon, Los Angeles.
Richard D. Hornichter, M.D., Internist, Los Angeles.
Robert S. Griswold, Property Management Expert, San Diego.
Douglas Bennett, P.E., Electrical Engineer, Long Beach.
Eric David, M.A., Electrical Expert, Long Beach.
Lou Colomo, Professional Appliance Repairman,

DAMAGES:
Medicals: (Past) Approximately $16,536.00.
Plaintiff did not claim loss of wages.

LAW OFFICES OF MARO BURUNSUZYAN
550 N. Brand Blvd., Suite 1655, Glendale, CA 91203 • Telephone (818) 507-5188 • Facsimile (818) 507-5199
FACTS:
On May 17, 1999 at approximately 8:30 a.m., Plntf. Anait Stepanian, a 45 year old woman was severely burned in the kitchen of her apartment, when her electric stovetop burner exploded, after repeated complaints to the manager about malfunctioning burners and electric shocks and manager’s attempts to fix it starting 2 years prior to the incident. Plaintiff sustained 1st-2nd degree burns to over 21% of her body and was diagnosed with diabetes the day after the incident. Plaintiff’s burns healed without surgery and only with some residual discoloration. However, Plaintiff remained with diabetes and post-traumatic stress disorder.

PER PLTF:
Plaintiff’s neighbor testified that “the manager knew about it,” that she had translated plaintiff’s complaints to the manager on one occasion in plaintiff’s apartment approximately 2 months prior to the incident. Plaintiff testified that the manager changed the control switch and she believes he replaced the electric burner of the subject stovetop. Manager denied being aware of the problem and testified that he has no experience or training in electrical appliance repair. Per Plaintiff’s experts, the heating element of the electric stovetop had been in a defective condition for a considerable period of time before the incident giving the following sequence of events in the explosion: “a crack developed where the heating element eventually broke in two, allowing water, food, materials, and other contaminants to enter the interior of the heating element. Thus the insulation became compromised, causing the temperature of the outermost segment of the heating element to increase significantly. Eventually the resistence of the heating element, particularly the outermost spiral of the heating element, between where an arc formed at the electrically weakest point within the heating element and caused the subject explosion.” Further stating, “a simple test with an inexpensive ohm meter, a tool normally used by appliance technicians would have detected the failed element, and it would have been replaced instead of the control switch.” Further discovery showed that other tenants had similar complaints about overheating stovetops, malfunctioning burners, electric shocks and even an explosion. Plaintiff argued that defendant’s reckless disregard for the safety of his building and pattern of failing to ensure safe electric stovetop appliances and repair led to the subject incident.

PER DEFT:
Manager testified that it was part of his duty to perform maintenance on the stovetops and ovens in the building, that the owner of the apartment knew of his lack of experience and training in electrical appliance repair. He further testified in his deposition that “at least once or twice a month or maybe every three months the stovetop burners of the building would burn out” and he would replace them without using any manuals or instructions, and in the event he could not fix “something” he did not have a list of professionals that he could call other than a plumber. Manager further stated in his deposition that in the 5 years that he was the manager of the building, there has never been an electrical inspection of the building and no professional has ever worked on any electrical appliances in the building other than the “pool light,” on one occasion. Defendants argued that they had no notice of the malfunctioning stovetop prior to the incident and had no prior similar complaints. Manager testified that prior to the explosion, the subject stovetop was in good repair, condition, and working order and he has no recollection of repairing the subject stovetop at anytime prior to the incident.

SETTLED: 06/05/01