a video production company, brought suit in Civil Action 81-3292 against the manufacturers of the heating unit, Aitken Products, Inc. (Aitken) and the component heating element (or calrod), Electro-Therm, Inc. (Electro-Therm), to recover alleged property damage and business interruption losses caused by the fire. E. J. Stewart alleged that the radiant heating element, known as a Thermalink, arced or failed in a catastrophic manner, causing the fire.
The plaintiffs in Civil Actions 81-4328 and 81-4742, Marra Davis, Victor C. Smith, Inc. and Sporkin Associates, Inc., were the owner and two other tenants of the building, respectively. Pursuant to stipulation entered into by the parties, the plaintiffs in Civil Actions 81-4328 and 81-4742 agreed to be bound by a decision as to liability in Civil Action 81-3292. Therefore, Civil Action 81-3292, with E. J. Stewart as plaintiff, proceeded to trial alone.
Following a jury trial that commenced on February 28, 1984 and concluded on March 8, 1984, the jury returned answers to written interrogatories in favor of defendants as follows:
SPECIAL INTERROGATORIES TO THE JURY