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Torts Keyed to Miller
Wawanesa Mut. Ins. Co. v. Matlock
Citation:60 Cal. App. 4th 583, 70 Cal. Rptr.2d 512 (1997)
Timothy Matlock (Defendant), a 17-year-old boy, bought two packs of cigarettes from a gas station and gave one of them to his friend. Both the defendant and his friend were minors. The two boys then trespassed onto a private storage facility, where a couple of hundred telephone poles were stacked up high upon the ground. Matlock’s friend eventually dropped the cigarette he was using and was unable to retrieve it, causing some logs to set afire. Wawanesa (Plaintiff), the insurance company that settled the lawsuit, sued Matlock for partial reimbursement, claiming that because the defendant gave the insured party the cigarette, he was partially liable for the destruction to the property.
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