State Farm General Insurance Co. v. Kentwood Spring Water, Inc.

449 So. 2d 558, 1984 La. App. LEXIS 8534
CourtLouisiana Court of Appeal
DecidedApril 3, 1984
DocketNo. 83 CA 0508
StatusPublished
Cited by1 cases

This text of 449 So. 2d 558 (State Farm General Insurance Co. v. Kentwood Spring Water, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Farm General Insurance Co. v. Kentwood Spring Water, Inc., 449 So. 2d 558, 1984 La. App. LEXIS 8534 (La. Ct. App. 1984).

Opinion

CARTER, Judge.

This is a very unusual case wherein two-five gallon clear glass bottles of water belonging to the defendant-appellant, Kent-wood Spring Water, Inc. (Kentwood), allegedly caused a fire at a mobile home owned by the plaintiff-appellee’s insured.1 Subrogated to the claims of its insured, plaintiff-appellee, State Farm General Insurance Company, filed this suit based on theories of negligence and strict liability. After a trial on the merits, the lower court awarded judgment in favor of the appel-lee.2 Kentwood appeals the decision alleging three specifications of error which present only one issue for this court’s review: Was the evidence presented at trial sufficient to carry the plaintiff’s burden of proof? 3

On February 2, 1981, a fire occurred at the mobile home of Richard and Louise Fortson in Houma, Louisiana. The evidence tends to suggest the fire started in the mid-afternoon, and there is no question but that the day was very bright, cool, and with little humidity. The Fortsons were not at home.

Pat Adams, a neighbor of the Fortsons discovered the fire while walking past the Fortson’s mobile home. Adams noticed what appeared to him to be “a cigarette burn and a little tiny smoke” on the outside of the trailer behind two five-gallon glass water jugs. The water jugs belonged to Kentwood and had been placed on the Fort-son’s front porch by the appellant’s deliveryman on January 23, 1981. Adams testified there was nothing between the sun and water jugs to prevent the sunlight from striking the glass jars; similarly there were no obstructions between the glass jugs and the outside wall of the mobile home.

[560]*560Rushing over to the trailer, Adams first checked to see if anyone was at home, then, after calling to a neighbor to summon the fire department, Adams checked the trailer a second time before spraying the outside wall of the trailer with water. A few minutes later the fire department arrived and extinguished the blaze.

An investigation into the origin of the fire began soon thereafter. The central question raised in the investigation, and the only issue contested at the trial, was the location of where the fire began. The ap-pellee contended the fire started as a result of the passage of a concentrated beam of sunlight through one or both of the water bottles. Appellee claimed the heat generated by the concentration of light caused the outside wall to begin burning.

The appellant denied this but had no explanation of its own. There was some argument that an electrical receptacle may have been the origin of the fire, but the evidence tending to prove this was unconvincing.

The trial judge found that the evidence proved more probably than not, “that the fire was caused by the alteration or concentration of sunlight as it passed through one or both of two glass bottles of Kentwood drinking water.” Additionally, he found that “the weight of the physical evidence and the testimony of those witnesses who either discovered the fire, fought the fire, or actually visited and inspected the mobile home leads to this conclusion.”

It is important to note that in his excellent written reasons for judgment, the trial judge made the following observations which are very helpful in addressing Kent-wood's argument on appeal,

The court notes that the plaintiffs expert witnesses inspected the mobile home either immediately after or shortly after the fire, whereas the defendant’s expert witnesses inspected the mobile home only after a substantially longer time period subsequent to the fire, after repairs had begun or were completed, or did not visit the mobile home at all.

This passage is, of course, a comment on the evidence presented at trial. It reflects a sincere attempt by the lower court to evaluate the credibility of the witnesses, and to come to some factual conclusions as to the origin of the fire.

Thus, based upon the testimony and evidence presented at the trial, the lower court came to the factual conclusion that the fire was precipitated by the heating-up of the outside wall of the trailer because of the passage of sunlight through one or both of the Kentwood bottles. The trial judge’s evaluation of the credibility of the witnesses, together with his conclusions with respect to the efficacy of the tests run, and observations made, by the various expert and lay witnesses, led him to conclude that the appellee had carried its burden of proof. Our close review of the record and the evidence presented at trial convinces us of the correctness of the trial judge’s studied opinion. His factual conclusions (and evaluations of credibility) find ample support in the record and do not represent an abuse of discretion. Arceneaux v. Domingue, 365 So.2d 1330 (La.1978); Canter v. Koehring Company, 283 So.2d 716 (La.1973). It is well settled that the reviewing court must give great weight to the factual conclusions of the trier of fact, and where there is conflict in the testimony, reasonable evaluations of credibility and reasonable inferences of fact should not be disturbed. The trial judge was satisfied with the sufficiency of the evidence establishing the sunlight and Kentwood bottles as the source of the fire. We cannot say he was clearly wrong. Baach v. Clark, 442 So.2d 514 (La.App. 5th Cir.1983); Pearce v. Rogers, 423 So.2d 83 (La.App. 1st Cir.1982).

Indeed, the evidence presented at trial clearly weighs in appellee’s favor. In addition to the testimony of Pat Adams, Louise Fortson testified that no electrical appliances were plugged into any receptacles which may have been located opposite the area found burning by Adams. Of even more importance to the trial judge was the testimony of Thomas Guidry, assistant chief of the fire department responding to [561]*561the fire and the only expert who actually observed the fire burning. Guidry first suspected the fire was electrical in origin, but on more detailed analysis changed his mind. Three factors convinced Guidry the fire was caused by the concentration of sunlight passing through the bottles: First, Guidry’s investigation into the fire led him to several houses where the walls had been scorched by sunlight passing through other Kentwood bottles. Photographs of these scorched walls clearly show burn marks on the outside. Second, a 2" X 4" wooden stud centered perfectly behind the hole on the outside wall was burned significantly more on the outside than on the inside. This was true even though Pat Adams extinguished the blaze on the outside much sooner than the fire department extinguished the blaze on the inside. This convinced Chief Guidry that the fire burned longer and/or hotter on the outside portion of the 2" x 4" stud than on the inside. Finally, Guidry, testified that the fire did not have enough of a “v” pattern to indicate a receptacle fire.

Appellee also presented the testimony of Harold Myers, an engineer with expertise in the field of fire and explosion investigation. Myers made several points which apparently influenced the trial judge. First, he agrees with Guidry that the burn pattern of the fire did not suggest its point of origin was a receptacle. Second, from his review of the fire scene he questioned whether there was any receptacle or electric wire in the area of the fire at' all.

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Related

State Farm General Insurance Co. v. Kentwood Spring Water, Inc.
456 So. 2d 1015 (Supreme Court of Louisiana, 1984)

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449 So. 2d 558, 1984 La. App. LEXIS 8534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-farm-general-insurance-co-v-kentwood-spring-water-inc-lactapp-1984.