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• $700,000 Monroe County Jury Award in Careless-Smoking Case  

A Monroe County jury has awarded $700,000 to the insurance company for the owner of a Marshalls Creek building that was destroyed by fire as a result of careless smoking by an employee of an electrical contractor, it was announced today.

The jury deliberated less than two hours at the end of a two-day trial before finding on behalf of Harleysville Insurance Company, represented by the Law Offices of Robert A. Stutman, of Ft. Washington, Pa, in the civil action stemming from the April 21, 2006, fire at the unoccupied building, a former Odd-Lot Outlet store, on Route 209 in Smithfield Township. The 20-year-old building, which was demolished following the fire, was in the process of being renovated into a day care center. Its owner was local developer Frank Riccobono.

Daniel Hogan, Esq., who tried the case for the plaintiff, established that the only possible cause of the fire was careless smoking by one of the two employees of the electrical contractor that had been working in the attic of the two-story structure. Investigators determined that the discarded, smoldering cigarette from the worker ignited the aged attic insulation, which over time loses fire-retardant qualities.

"The worker never admitted smoking while in the attic, where the fire started, that day," said Hogan. "But he testified to carrying cigarettes and a lighter to work and to having been a habitual smoker."

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