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| Fire Loss to Hotel; Negligent Security Services |
| Style of Case: Commercial Union Insurance Company v. Yale Enforcement Services, Inc. |
| Client: Yale Enforcement Services, Inc. |
| Trial End Date: 1/21/2003 |
| Court: United States District Court for the Southern District of Illinois |
| Type of Case: Fire Loss to Hotel; Negligent Security Services |
| Judge: The Honorable Michael J. Reagan |
| Reed Armstrong Lawyer who tried the case: William Starnes II |
| Jury Verdict |
Plaintiff insured Car One Partners which hired Murthy Construction Company to act as general contractor for construction of a Ramada inn in Troy, Illinois. The defendant security company was hired to provide security on the site during hours the construction trades were generally off site. A fire occurred in the early morning hours of October 26, 1997 resulting in the complete destruction of the partially completed building. Plaintiff reimbursed the owner for $1,292,483.25 and sought indemnification from defendant, alleging that defendant failed to perform security services in a workmanlike manner and failed to promptly respond to the fire.
Defendant maintained that it provided appropriate security services at the site in light of what was known to defendant, and that its actions were not a proximate cause of the loss. Defendant offered evidence that the cause of the fire was more likely than not arson, and that the fire was extremely rapid. Defendant also claimed that plaintiff failed to retain and pay for an adequate level of security.
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| Additional Information |
| Last Demand: $700,000 |
| Verdict: Defense Verdict (Jury found plaintiff's subrogee's negligence was 75% the proximate cause of the loss). |