Colapinto
Colapinto v. County of Riverside
Opinion
Opinion
Dabney, J.
Plaintiffs, Gerald P. Colapinto and Eileen V. Colapinto (Colapinto), filed a claim for damages with the County of Riverside alleging that the Riverside County Fire Department inadequately handled a fire resulting in property damage to Colapinto when they “took steps which caused a huge draft into what apparently was merely a smoldering partial combustion then not in flames. The draft which was caused by opening doors wide caused complete combustion and total destruction of the building and contents.” The claim was rejected by operation of law.
Colapinto then filed a complaint against the County of Riverside, Riverside County Fire Department and Does 1 through 10 (County) alleging negligence in the manner in which the fire department fought the fire. The complaint stated: “Without making an investigation and without having fire fighting equipment in proper working order, the defendants smashed open a large service entry door. [][] The large opening caused by the action of defendants caused a great entry of air and oxygen into the building at a time when the fire department was not prepared to fight a major blaze. []j] Because of the air entering the building the blaze…