Larsen v. 401 Main Street

Lee and Amy Larsen (plaintiffs, along with their business Plattsmouth Chiropractic Center Inc.) owned property near the Quart House Pub, where a fire started in the basement one night. The fire spread and damaged the Larsens’ property, and the Larsens sued 401 Main Street (defendant, referenced here as Quart House), the entity that owned and operated the Quart House Pub. On the night of the fire, a bartender saw smoke coming from cabinets that led to the basement. Ultimately, because of damage to the building, fire investigators could not investigate the fire scene, and the building was demolished. The suit alleged that equipment in the basement of the Quart House had been negligently maintained and that this negligence had caused the fire and property damage. The Larsens designated Duane Wolf as their expert witness regarding the origin and cause of the subject fire. Quart House moved the trial court to strike and exclude Wolf’s testimony as Wolf’s opinions were based on unreliable assumptions and methodology and failed to meet the Daubert standard. Quart House then also moved for summary judgment, as without Wolf’s testimony, the plaintiffs could not establish the cause of the fire. Wolf believed the fire had begun in one of several items of mechanical equipment in the Quart House basement. Wolf further opined that the fire probably originated in the boiler and would not have occurred had the boiler been regularly serviced and replaced as needed. Wolf noted that the boiler did not have a low-water cutoff, and the absence of this feature could cause a dry fire. Wolf admitted that a sudden loss of water could cause a dry fire and would not have been detected even with regular inspection. A Quart House expert, Kenneth Ward, opposed Wolf’s findings, noting that National Fire Protection Association guidelines require eliminating other possible causes of fire before fixing a particular cause. Ward noted 26 possible causes of the fire that Wolf could not eliminate. After Wolf’s testimony was excluded and summary judgment granted against the Larsens, the Larsens appealed.