Legal Opinion
Kelly v. CB&I CONSTRUCTORS, INC.
California Court of Appeal
Decided November 19, 2009No. B205735PublishedCited by 33 opinions
1Opinion of the Court
Opinion
MOSK, J.
INTRODUCTION
A jury found that defendant CB&I Constructors, Inc. (defendant), negligently sparked a brush fire that caused significant damage to a ranch (the property) owned by plaintiff Martin Kelly (plaintiff). Because plaintiff had a personal reason to restore the property, the jury awarded plaintiff substantially more in damages to restore the property than the property was worth immediately before the fire. The trial court also instructed the jury that plaintiff could recover damages for annoyance and discomfort and the jury awarded such damages, although plaintiff did not…
2Cases cited84 opinions
- Auto Equity Sales, Inc. v. Superior CourtCalifornia Supreme Court · 1962
- Guz v. Bechtel National, Inc.California Supreme Court · 2000
- Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
- Bertero v. National General Corp.California Supreme Court · 1974
- Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
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3Cited by33 opinions
- Broughton Lumber Co. v. BNSF Railway Co.Washington Supreme Court · 2012
- Rony v. CostaCalifornia Court of Appeal · 2012
- Lampi v. SpeedMontana Supreme Court · 2011
- Duchrow v. ForrestCalifornia Court of Appeal · 2013
- Sanowicz v. BacalCalifornia Court of Appeal · 2015
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