Fireman's Fund Insurance v. Childs

MEMORANDUM OF DECISION AND ORDER

GENE CARTER, District Judge.

This is a subrogation action brought by Plaintiff, Fireman’s Fund Insurance Co., against Defendant, Maurice F. Childs, Jr., to recover $200,000 dollars that it paid to Berkeley Hotels Management, Inc. (“Berkeley”) plus punitive damages for property damage to the Portland Jetport Hotel (“the Jetport Hotel”) incurred during a storm because of Defendant’s allegedly defective design and construction of the hotel. Plaintiffs sole claim in the Complaint alleges that Defendant was negligent in designing and constructing the Jetport Hotel,…