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Platero, et.al. v. Ken Downing, et.al.


Acker & Whipple attorneys obtained summary judgment in behalf of a candle manufacturer defendant in a double wrongful death action. The mother of young, twin boys lit a candle in their room at 10:30 p.m. and fell asleep knowing the candle was still burning. Soon after, Los Angeles Fire Department responded to a fire at the home; the boys had both perished. LAFD recovered no physical evidence of a candle from the scene of the fire, and the official cause of the fire was undetermined. Plaintiffs, mother and father of the deceased twin boys, sued the candle manufacturer alleging the candle was defective in design. Specifically, plaintiffs’ expert opined that defendant’s candle either cracked and/or the glass casing was designed insufficiently to resist high temperatures such that the candle caused the fire. Plaintiffs’ expert provided no factual or evidentiary basis for his opinions. The court sustained all objections to plaintiffs’ expert’s declaration submitted in opposition to the motion for summary judgment and granted summary judgment on all causes of action in behalf of the firm’s client.

Plaintiffs appealed. Acker & Whipple continued to represent its clients as Respondents in the appeal.  The appellate court affirmed the lower court’s judgment, agreeing that there is no triable issue of material fact regarding liability.


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