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Torts keyed to Best
Wawanesa Mutual Insurance Co. v. Matlock
Citation:
60 Cal. App. 4th 583 (1997).Facts
Timothy and Eric were smoking cigarettes and playing with a group of younger boys. They were climbing atop telephone poles which were stacked on top of each other, when the group of boys accidentally knocked a lit cigarette out of Eric’s hand, which he unsuccessfully attempted to retrieve.
After some time in a nearby bunker, the boys came out and saw the stack of wood ablaze. They ran from the property, which suffered some $100,000 in damage as a result of the fire.
Eric was insured by Wawanesa, who would later file suit against Timothy and his father, Paul (custodial parent), for contribution after paying the companies who suffered property damage.
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