Illinois Verdicts

Plaintiff(s):

Cherice A. Griffin (Female, 30s)

Plaintiff Attorney(s):

Emilie G. Kaplan;
Sneckenberg, Thompson & Brody, LLP;
Chicago,
IL,
for
Cherice A. Griffin

Plaintiff Expert(s):

John Schreiber;

Construction;
Chicago,
IL called by
Emilie G. Kaplan ■ Margie Bernatowicz;

Personal Property;
Chicago,
IL called by
Emilie G. Kaplan

Defendant(s):

Allstate Insurance Company

Defense Attorney(s):

Daniel R. Woods;
Condon & Cook, L.L.C.;
Chicago,
IL,
for
Allstate Insurance Company

Defendant Expert(s):

Jason Mardirosian;
Cause & Origin;
Chicago,
IL called by
Daniel R. Woods

Insurer(s):

Allstate for Griffin

On January 6, 2011, a home owned by plaintiff Cherice Griffin, a woman in her 30s, caught on fire. The home sustained significant damage, and her personal property was deemed a total loss. After the fire, Griffin made a claim with her insurance carrier, Allstate Insurance Company, to recover her losses from the fire. However, Allstate denied Griffin’s claim, contending that Griffin intentionally caused the fire and/or made material misrepresentations in her sworn proof of loss statement. Griffin sued Allstate, contending that the insurance carrier was wrong for not honoring her insurance coverage and reimbursing her for losses sustained from the house fire. Prior to the fire, Griffin and her husband went through a divorce. The home was in her name, and she owed approximately $50,000 on the mortgage. Plaintiff’s counsel reports that Griffin was current on her payments (as well as all of her other expenses), and was supporting herself through social security disability payments. The divorce decree required her to sell the home and split the proceeds with her ex-husband. This transpired at the time when the housing market was suffering nationally, and Griffin experienced difficulty selling the home. At the time of the fire, the home was listed at approximately $58,000. The defense contended that, because of her financial situation and lack of an income, Griffin had a sizable motive to start the fire intentionally, or lie about how it happened, which would be a breach of her insurance coverage. This allegation was corroborated by testimony from the defense’s fire investigation expert, who opined that the fire was intentionally set, thus justifying her insurer’s denial of her claim. The plaintiff disputed Allstate’s contentions, arguing that she paid her bills on time, and there was no evidence of her experiencing enough financial distress that would warrant burning down her own house. Furthermore, she lost her personal belongings in the fire, which is not indicative that she intended to ignite her home. The plaintiff also argued that there was no proof that, even if someone had deliberately set the home on fire, that Griffin had anything to do with it. The plaintiff also presented evidence that she suffered a break-in prior to the fire. Reportedly, when the fire department arrived on the scene of the fire, a window in the room of origin of the fire was broken. Additionally, the sliding glass door in the kitchen did not lock, providing an opportunity for an arsonist to come in and start the blaze. Local authorities testified that the cause of the fire was undetermined.

Plaintiff’s counsel asked the jury for a total of $210,972.91. Included in that amount was $69,614.91 for her personal belongings lost in the fire, an amount testified to by the plaintiff’s personal property restoration expert. Also sought by the plaintiff was the policy limits of her insurance coverage with Allstate, $131,458, and $9,000 for her additional living expenses. The defense disputed the damages sought by the plaintiff, contending that because she likely started the fire intentionally in an effort to defraud Allstate, she was not entitled to receive anything.

The jury rendered a verdict, finding in favor of Griffin and awarded her $106,964.06, which included $80,000 to repair the damage to the home and $26,964.06 to replace her personal belongings.

Cherice A. Griffin: $80,000 Commercial: cost to repair damaged residence; $26,964 Commercial: cost to replace damaged personal property

Judge:

Joan E. Powell

Demand:

none

Offer:

none

Trial Length:

5
 days

Trial Deliberations:

3.5
 hours

Jury Composition:

6 male/ 6 female

Post Trial:

Both plaintiff and defense counsels have filed post-trial motions regarding the the jury’s verdict. Plaintiff’s counsel reports that they have filed a motion for a new trial on the issue of damages only, contending that the verdict did not relate to the evidence that was presented at trial. Defense counsel will also file a post-trial motion for a new trial on the issues of both liability and damages. Reportedly, the defense contended that the issues of liability and damages could not be separate

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.