American National Fire Insurance v. Schuss

607 A.2d 418, 221 Conn. 768, 1992 Conn. LEXIS 139
CourtSupreme Court of Connecticut
DecidedApril 28, 1992
Docket14369
StatusPublished
Cited by82 cases

This text of 607 A.2d 418 (American National Fire Insurance v. Schuss) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American National Fire Insurance v. Schuss, 607 A.2d 418, 221 Conn. 768, 1992 Conn. LEXIS 139 (Colo. 1992).

Opinion

Borden, J.

The dispositive issue in this appeal is whether the plaintiff, American National Fire Insurance Company,1 produced sufficient evidence for a jury to find that the defendant, Barry Sehuss,2 acted negligently, rather than intentionally, when he set fire to a synagogue in West Hartford in the early morning hours of August 11, 1983. The fire destroyed, among other things, the synagogue’s Torah scrolls, which were located in the ark in the main sanctuary.

The plaintiff appeals3 from the judgment of the trial court, rendered after a jury trial, setting aside the jury’s [770]*770verdict in the plaintiffs favor in the amount of $167,877.07. Although the plaintiff has cast its claims on appeal in three parts-,4 our disposition of the first claim controls and subsumes the second and third claims. Because we agree with the trial court that there was no evidence from which the jury could reasonably have concluded that the defendant acted negligently, rather than intentionally, we affirm the judgment.

The plaintiffs revised complaint alleged that on August 11, 1983, the defendant “ignited combustible materials in multiple locations of the premises of Young Israel of West Hartford, thereby, causing a fire to occur at said premises.” It further alleged that the fire and its resultant damages were caused by the negligence of the defendant “in that he, in one or more of the following ways: a. Ignited a fire, which he knew or should have known, could spread and damage or destroy the Young Israel building and its contents; b. Failed to take action to contain or extinguish the fire; c. Failed to alert or notify anyone of the existence of the fire and the necessity to extinguish it; and d. Failed to warn anyone that a fire had been ignited.”

In support of these allegations, the jury had before it the following evidence, produced either by the plaintiff through exhibits and direct examination of its witnesses, or through the defendant’s cross-examination [771]*771of the plaintiff’s witnesses including the defendant, who was called to the stand by the plaintiff. At 3:22 a.m. on August 11,1983, the West Hartford fire department was notified of a fire at the synagogue, and arrived at the scene at 3:33 a.m. At that time, the synagogue was engulfed in a major fire that had been burning for one hour. It took approximately twenty minutes to bring the fire under control, and approximately two hours to extinguish it completely.

Officer Joseph Glowacki of the West Hartford police department, whose duties included investigation of suspicious fires, testified that the fire was “incendiary,” meaning that “it was a fire that was not an act of God. It was a fire that was not accidental. It was a fire that was set by a person or persons.” He determined that there were four points of origin of the fire inside the building, and that no accelerant, or flammable liquid, had been used. Matteo Pascarelli, a deputy fire chief, testified that there were three points of origin of the fire, and that when he arrived and entered the building the principal area of fire was “in the holy ark area” to the right of the front door. He also testified that all the fires had been set by a person. William Wilson, another deputy fire chief, testified that there were four points of origin: (1) in the basement, where paper towels had been burned on a table; (2) on the staircase leading from the basement to the first floor, “up against the wall under a telephone”; (3) in the front foyer of the building, where a telephone book and a prayer shawl had been ignited; and (4) in the sanctuary, where the damage was heaviest. He testified that, at that point of origin, the fire “progressed up the drapes” covering the ark and spread to the area “around the drapes such as the paneling [and] the doors . . . .” That caused heat to be driven to the ceiling, where the “heat amassefd] at the highest point in the room” and then banked down, eventually causing a “flashover,” which [772]*772occurs when the heat is so intense that material ignites spontaneously. Wilson also testified that it is easiest to fight a fire at its beginning, when the heat is less intense and when there is little damage, because the fire is on the point of origin. He testified further that it had taken five to ten minutes for the drapes to burn, and that damage to the contents of the synagogue had increased significantly when the flashover occurred, which he estimated happened between 3:12 and 3:17 a.m. Finally, he testified that the fire was incendiary, which he defined as “a deliberately set fire,” and not an accidental fire or a fire caused by “an act of God such as lightning.”

The defendant, who was seventeen years old at the time of the fire, came from a religious family. He lived in West Hartford with his parents, who were members of the synagogue. The plaintiff introduced into evidence the defendant’s December 13, 1983 statement to the West Hartford police in which he admitted setting the fires. In that statement, the defendant stated that, on the morning of the fire, he had entered the building through a boarded up window, and had made telephone calls to Dallas, Texas.5 He then began looking around and saw a book of paper matches. He stated further that, when he saw the matches, he had gotten “the idea to start a fire.” He “took some paper towels from a window and put them into a plastic garbage can which was by the telephone,” and put the pail near the front door. “At this time the papers in the pail were already burning,” he stated. He put a prayer shawl and telephone book into the burning pail. He then left the building by the front door, and “then decided to return to the building and start another fire.” He “entered the main room” and, “using the matches,” he “lit one of the curtains . . . located over the [ark].” He stated [773]*773further that he “may have started another fire in the center of the room around a big wooden black [sic].” He “then went downstairs and tried to [light] a fire near the sink with some paper towels on a table.” Then he went upstairs, left by the front door, and went home to bed.

The defendant testified that he had not gone to the synagogue with a plan to set fires. He testified that when he set fire to the curtains covering the ark, he had not intended to burn the Torah scrolls or the other contents of the building. He also testified that when he burned the curtains, he had not been thinking about whether he wanted to burn the Torah scrolls or the other contents of the building. He testified further, however, that he had intended to burn those items, including the curtains, to which he had set fire in the building. He also testified that he had left the building because the fire was out of control and he was in danger, and that he had not told anyone about the fire or called the authorities because he wanted the fire to continue and did not want to be caught.

After the jury returned its verdict in favor of the plaintiff, the defendant timely moved to set the verdict aside. The court granted the motion and rendered judgment for the defendant. This appeal followed.

The plaintiff claims that, although there was conflicting evidence, the jury could reasonably have determined from the following evidence that the defendant’s conduct was negligent, rather than intentional. The defendant testified that he had not gone to the synagogue with the intent to start a fire.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taylor v. New Haven
D. Connecticut, 2025
Costanzo v. Plainfield
344 Conn. 86 (Supreme Court of Connecticut, 2022)
Camps v. Gore Capital LLC
M.D. Tennessee, 2021
Maselli v. Regional School District No. 10
Connecticut Appellate Court, 2020
Susan Ryan v. napier/klein
425 P.3d 230 (Arizona Supreme Court, 2018)
Sinchak v. Commissioner of Correction
163 A.3d 1208 (Connecticut Appellate Court, 2017)
Lapointe v. Commissioner of Correction
Supreme Court of Connecticut, 2015
Borrack v. Reed
53 So. 3d 1253 (District Court of Appeal of Florida, 2011)
Kregos v. Stone
872 A.2d 901 (Connecticut Appellate Court, 2005)
Dacruz v. State Farm Fire & Casualty Co.
846 A.2d 849 (Supreme Court of Connecticut, 2004)
Scanlon v. Connecticut Light, No. X04-Cv-96-0117194-S (Oct. 16, 2002)
2002 Conn. Super. Ct. 13074 (Connecticut Superior Court, 2002)
Doe v. Buongirno, No. Cv-00-0124271-S (Jul. 30, 2002)
2002 Conn. Super. Ct. 9810 (Connecticut Superior Court, 2002)
Eastman v. Smithies, No. Cv 98 0078142s (May 21, 2002)
2002 Conn. Super. Ct. 6713 (Connecticut Superior Court, 2002)
Blue Ridge Insurance Company v. Honegan, No. Cv98-0085273-S (Dec. 19, 2001)
2001 Conn. Super. Ct. 16947 (Connecticut Superior Court, 2001)
Hunter v. Peters, No. 423946 (Dec. 13, 2001)
2001 Conn. Super. Ct. 16662 (Connecticut Superior Court, 2001)
Calore v. Town of Stratford, No. Cv98 035 71 47 S (Jan. 8, 2001)
2001 Conn. Super. Ct. 152 (Connecticut Superior Court, 2001)
Densberger v. United Technologies Corp.
125 F. Supp. 2d 585 (D. Connecticut, 2000)
Burns v. First Congregational Church, No. Cv99-0591282 (Aug. 30, 2000)
2000 Conn. Super. Ct. 10682 (Connecticut Superior Court, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
607 A.2d 418, 221 Conn. 768, 1992 Conn. LEXIS 139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-national-fire-insurance-v-schuss-conn-1992.