Ryan Bannon successfully defended a property damage action with a claim of over $800,000 in damages. The case, venued in Supreme Court, Westchester County, involved a house fire allegedly caused by an exposed, live wire that was left in the living room wall during a renovation project. The plaintiff alleged that Ryan’s client, the HVAC subcontractor, installed duct work in the walls of the home and that the duct work came into contact with the live wire, causing the fire.
In a motion for summary judgment, Ryan demonstrated as a matter of law that his client’s actions were not a proximate cause of the fire. Ryan argued that experts of both parties found no evidence that current from the live wire arced with the duct work or that the wire came into contact with the duct work. Ryan also argued that his client performed its work properly and had the right to rely on the electrical contractor to properly perform its work as well. The Court agreed with Ryan’s arguments, finding that his client was not negligent and that the duct work was not a proximate cause of the fire. As a result, the Court granted Ryan’s motion for summary judgment, dismissing the entire case against the HVAC contractor.