Burned Irvine Woman Wins $2.25 Million in Settlements

An Irvine woman who suffered severe burns when her smoke alarm did not sound will collect $2.25 million in a settlement from the condominium developer, the alarm installer and the maker of the microwave oven believed to have started the fire.

But in a five-week trial that ended Thursday, a jury voted, 11 to 1, to exonerate the smoke device’s manufacturer, Pittway Corp. of Illinois, reputed to be the nation’s largest maker of smoke alarms.

Patricia Marshall, 33, suffered second- and third-degree burns over 60% of her body in the 1982 fire at her Woodbridge Chateaux condominium.

Marshall, who was 28 at the time and a successful real estate broker, spent $260,000 for medical treatment, including 11 surgeries.

Her lawsuit alleged that the developer, the Irvine Co., and the electrical subcontractor, McFarlane Electric of Santa Ana, negligently installed detectors in violation of manufacturers’ specifications.

“The manufacturer sends out smoke detectors with instructions, and they’re cavalier about following them,” said Marshall’s attorney, Thomas V. Girardi. “That’s what happened in this case.”

Last week, before the jury in the court of Orange County Superior Court Judge John H. Smith Jr. began deliberations, Marshall agreed to accept $500,000 from the Irvine Co. and $1 million from McFarlane to settle her claims.

Shortly before the trial began last month, General Electric, maker of a microwave oven that was alleged to have been the origin of the fire, agreed to pay $750,000.

None of the three defendants acknowledged any liability in the settlements.

“The parties we felt to be primarily responsible resolved the case,” Girardi said. “That was what we always had wanted to do. She would have accepted (the settlements) had they been offered prior to trial.”

Officials of Pittway testified that the installation violated their instructions. Pittway produces other brands of detectors, such as First Alert, but sold 65 to McFarlane for the development.

Instructions stated that at least one detector is needed for each floor. Marshall’s condo had just one detector, at the top of a two-story ceiling on the second floor.

Girardi contended that the improper installation made it impossible for the alarm to pick up smoke when it began accumulating from a fire that had started in the kitchen.

The high ceiling posed an additional problem, Girardi said: The smoke rose toward the top of the ceiling, losing heat as it did, so by the time it neared the detector, the smoke had cooled too much to be detected by the mechanism.

Following the jury’s decision Thursday, Pittway’s lawyer, Ronald A. Burford, noted that there were not enough detectors installed but that the ones put in are well built and carry complete warnings and instructions-- which were not followed.

The fire on Jan. 25, 1982, destroyed Marshall’s condo at 17 Claret, near Culver Drive and the San Diego Freeway.

Two passers-by who broke into the building and dragged Marshall to safety won the first Medals of Valor awarded by Orange County in 1982 for their efforts.

Marshall has returned to work, Girardi said: “She shows great courage. She was very badly hurt. It was hard for her for quite some time.”

She was attractive and “fortunately, you still see a pretty woman,” Girardi said.

“Unfortunately her back and legs have been severely damaged by the fire,” he said. “I don’t know if I’ve ever represented a more courageous client.”