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Breaking Legal Developments

06-09-2011

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. Corrugated Stainless Steel Tubing (CSST) Fire Case Permitted to Proceed


(1) CORRUGATED STAINLESS STEEL TUBING (CSST) FIRE CASE PERMITTED TO PROCEED

In AIU Insurance Company v. Omega Flex, Inc., United States District Court, For the Western District of Virginia, Case No. 3:11-cv-00023, (June 9, 2011)

http://www.vawd.uscourts.gov/opinions/moon/3.11cv23aiuv.omegaflex(denymtd).pdf, the court was faced with whether a subrogated insurer could proceed with a negligence and warranty case against a Corrugated Stainless Steel Tubing manufacturer alleged to have negligently caused a house fire. AIU insured Garthland LLC and the insured property in Charlottesville Virginia. Garthland had contracted with Nicholson for renovations to the insured residence. That renovation included installing flexible corrugated steel tubing for gas applications manufactured by the defendant.

Plaintiff alleged a lightning strike hit at or near the property and the CSST was damaged by the strike. That the CSST conducted electricity produced by the lightning strike and electricity arced and created a hole in the CSST. Natural gas escaped from the CSST, ignited and caused the fire. Defendant contended it could not be sued for negligence and breach of warranty of merchantability. The court found the CSST manufacturer motion to dismiss lacking permitting plaintiff's causes of action for negligence and implied warranty to proceed.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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