Illinois Verdicts

Plaintiff(s):

John Molloy (Male), 

Barbara Molloy (Female)

Plaintiff Attorney(s):

David A. Axelrod;
David A. Axelrod & Associates;
Chicago,
IL,
for
John Molloy, Barbara Molloy ■ Lauren C. Vandersluis;
David A. Axelrod & Associates;
Chicago,
IL,
for
John Molloy, Barbara Molloy

Plaintiff Expert(s):

Mary Moran; Appraisal; Skokie,
IL called by:
David A. Axelrod, Lauren C. Vandersluis ■ Scott Howell; P.E.; Cause & Origin; Willowbrook,
IL called by:
David A. Axelrod, Lauren C. Vandersluis

Defendant(s):

ABT Electronics

Defense Attorney(s):

Michael J. Mullen;
Kralovec & Marquard;
Chicago,
IL,
for
ABT Electronics ■ Daniel J. Donnelly;
Kralovec & Marquard;
Chicago,
IL,
for
ABT Electronics

Defendant Expert(s):

Jack Sanderson;
Cause & Origin;
St Joseph,
MI called by:
Michael J. Mullen, Daniel J. Donnelly ■ Joseph Gagnon;
Appliances (General);
Livonoa,
MI called by:
David A. Axelrod, Lauren C. Vandersluis, Michael J. Mullen, Daniel J. Donnelly

Insurer(s):

Great American Insurance Co.

In February 2006 a gas clothes dryer was installed in the second floor of the Lincolnwood house of plaintiffs John and Barbara Molloy by ABT Electronics. On March 27, 2009 ABT employees serviced the dryer. On March 31, 2009 a fire started on the second floor of the Molloy’s house. The Molloys sued ABT, claiming negligence. Plaintiffs’ counsel maintained the fire was caused by ABT’s negligent installation and servicing of the dryer. The Molloys’ counsel maintained the ABT employees who installed the dryer hooked it up to an existing vent system that did not lead outside the house. The Molloys’ appliance expert testified they failed to meet professional standards by failing to check to see if the vent led outside and that this faulty installation led to lint buildup. Plaintiffs’ counsel maintained when the ABT employees serviced the machine they found significant lint buildup but failed to check for stray lint inside the unit. The Molloys’ fire cause and origin expert testified the fire was started by stray lint inside the unit. ABT denied negligence. Defense counsel argued the installation met professional standards. The defense argued the Molloys had failed to read or follow instructions in the dryer’s user manual to periodically clean lint from the vent, and that as a result lint had been accumulating in the vent since the installation. Defense counsel claimed as a result of this accumulation the vent became disconnected, which the defense’s fire origins expert testified caused lint to enter the dryer unit, resulting in the fire. The defense argued the ABT employees dispatched to repair the disconnected vent March 27 noticed the lint buildup in the vent and advised the Molloys to clean it. Defense counsel argued the ABT employees acted reasonably and it was the failure of the Molloys to clean the vent that was the proximate cause of the fire.

Plaintiffs’ counsel maintained the fire destroyed the second and third floors of the Molloys’ house and resulted in severe smoke and water damage to the first floor and basement, as well as the loss of nearly all personal possessions in the house. The Molloys’ appraisal expert put the amount of property damage not covered by insurance at $1,813,634.69. Defense counsel disputed the damages. The defense argued the Molloys’ appraisal expert had overestimated both the amount of damage to the home and the value to the Molloys’ personnel possessions.

The jury found ABT 98 percent liable and the Molloys 2 percent. The Molloys were awarded $1,813,634.69, reduced to $1,777,362 for comparative liability.

Actual Award:

$1,777,362

Judge:

Thomas V. Lyons II

Trial Length:

2
 weeks

Trial Deliberations:

3
 hours

This report is based on information that was provided by plaintiff’s and defense counsel.