NEWS & ARTICLES




Ken McCulloch obtains summary judgment in heated fire case

Ken McCulloch obtained summary judgment for his client, a subcontractor who installed a fireplace and chimney, in a total loss residential fire case. McCulloch argued that plaintiff’s first expert's deposition testimony showed he failed to follow established criteria for investigating and determining the cause of the fire.  Also, the plaintiff’s second expert affidavit relating to the cause of a fire should be stricken because it was based upon unreliable testimony and reports of the first expert and the second expert changed his previous sworn testimony without a sufficient basis. The court also struck the affidavit of plaintiff's third expert because he relied upon the testimony of the first and second experts. The court adopted McCulloch’s arguments and entered judgment for the subcontractor and another subcontractor and the contractor who were also defendants.