Fear Not Law Articles: Lumber Mutual Ins. v. United Air Specialists

Lumber Mutual Ins

Lumber Mutual Ins. v. United Air Specialists

Filed 2/7/07 Lumber Mutual Ins. v. United Air Specialists CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

LUMBER MUTUAL INSURANCE,

Plaintiff and Respondent,

UNITED AIR SPECIALISTS et al.,

Defendants and Appellants.

E038841

(Super.Ct.No. INC032542)

OPINION

APPEAL from the Superior Court of Riverside County. Douglas P. Miller, Judge. Affirmed.

Baraban & Teske, Jeffrey H. Baraban and James S. Link, for Defendants and Appellants.

Vanderford & Ruiz and Ty Stephen Vanderford, for Plaintiff and Respondent.

I. INTRODUCTION

Lumber Mutual Insurance (â€

Description	Lumber Mutual Insurance ("LMI") sued United Air Specialists, an Ohio Corporation, and United Air Specialists, a California Corporation (collectively referred to as "UAS") in subrogation for insurance proceeds paid to Sullivan Shutter Factory ("SSF") arising out of a fire loss occurring on November 21, 2000. Seeking damages in the amount of $793,804.13, LMI claimed that a defective dust collection system supplied by UAS to SSF caused the fire. Following a jury trial, judgment was entered in favor of LMI in the amount of $793,804 with prejudgment interest of $257,721.54. UAS appeals, contending the trial court erred (1) in admitting evidence of invoices and check stubs for the alleged repair work on the system when no one testified to the work actually performed or the preparation of the invoices; and (2) in awarding prejudgment interest.
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