Case Results
Gordon & Silber Obtains Summary Judgment for Manufacturer of a Chimney/Flue of a Water Heater In Products Liability Action for Injuries Resulting from Escape of Carbon Monoxide — January 2008.
Type of Case: Products Liability. Plaintiff alleged carbon monoxide poisoning and brain damage.
Venue: Supreme Court, Orange County
Background Facts: Plaintiffs were exposed to carbon monoxide created by an improper mixture of oxygen and natural gas burning in a water heater, which should have been drawn out of the building through the our client's flue system. Instead, the gas escaped into the kitchen where plaintiff worked through an alleged breach in the flue.
Special Problems: Plaintiffs injuries were complex and severe. With respect to damages, defendants retained an expert psychologist, a psychiatrist/neurologist, a neuro-toxicologist and a Rehabilitation medicine specialist.
Our Strategy: We retained an expert engineer who inspected the section of chimney which had allegedly separated, and found that multiple screw holes had been drilled into the wall sections of the chimney. We argued that our client had specifically warned against doing this in the operation/installation manual. Our expert also found that there had been a modification in how the components were supposed to fit together which we argued was contrary to the installation instructions. Accordingly, we argued that the products had been materially altered, which was a complete defense to the action. Finally, our expert testified that he has never seen or heard of the product separating in the manner that plaintiff claimed, where there had been proper installation.
Result: The court granted our client summary judgment. (DHS).
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