Berkeley Heights attorney David C. Bendush announced the settlement this week of a lawsuit arising from a home explosion in Hunterdon County in September of 2014. The blast was caused by a contractor who was converting the home of his clients, from oil to natural gas. The clients were in the home with their infant daughter at the time of the explosion and fire. Davis Heating and Cooling had recently installed gas lines inside the home, and the time of the blast was attempting without success to purge the new gas lines. Large amounts of natural gas were caused to accumulate inside the basement until the gas exploded, nearly levelling the structure and knocking the clients to the ground where they stood. Mr. Bendush litigated the liability issues aggressively, and attained the unusual result of summary judgment for plaintiff on liability based on the legal doctrine of res ipsa loquitor. The defense had little choice but to settle quickly and on favorable terms, in order to avoid a trial.
The initial blast lifted the house off the foundation, blew out windows and doors, and started a fire. Although the clients were tossed about by the initial blast, they sustained no serious or lasting physical injuries, other than emotional distress. Other losses claimed included lost time from work, loss of use of their family home, and damage to portions of a comic book collection which had been stored in the basement. Evidence demonstrated that many original rare and valuable comic books and other collectibles were either partially or totally damaged in the fire.
This litigation was also unique because the homeowners insurance carrier asserted a lien of $715,000.00 for the damages paid out on behalf of the insured (to demolish and rebuild the house, etc.) , and that lien was reduced significantly with the carrier receiving $287,500.00 of the overall settlement, leaving the balance to compensate the homeowners for emotional distress and other losses.
LAW OFFICE OF
DAVID C. BENDUSH, ESQ.
www.berkeleyheightslawyer.com
(908) 771-0550
Email: dcbendush@msn.com
310 Springfield Avenue • Suite 10
Berkeley Heights, N.J.
