Modification: Phipps v. Copeland Corporation

WILLIAM PHIPPS et al.,

Plaintiffs and Respondents,

v.

COPELAND CORPORATION LLC,

Defendant and Appellant.

No. B302627

(Los Angeles County Super. Ct. No. 18STCV02021)

Second Appellate District

Division Seven

Filed June 10, 2021

ORDER MODIFYING OPINION AND DENYING REHEARING

[NO CHANGE IN APPELLATE JUDGMENT]

THE COURT:

The opinion filed on May 18, 2021 and certified for publication is modified as follows:

1. On page 20, before the last full sentence in the top paragraph, which says "That takes care of Trane," add the following sentence:

Hall did not testify how many gaskets a Copeland compressor had, nor did Copeland introduce any evidence comparing the total number of gaskets in a Copeland compressor to the number in a Trane compressor.

2. On page 20, after the penultimate full sentence in the bottom paragraph, ending with the phrase "compared to Copeland's (reasonably inferred) 30," and before the sentence beginning with the phrase "For another," add the following sentence:

Hall did not compare the total number of gaskets in a Carrier compressor to the total in a Copeland, and Copeland did not present any testimony comparing those numbers.

3. On page 20, in the last full sentence of the bottom paragraph, beginning with the phrase "For another," add the word "thing" after "another," so that the sentence reads:

For another thing, there was no evidence of how many gaskets William tended to replace when "working on" a Carrier compressor; if he tended to replace only one or two, that would be half or less the number of gaskets he replaced when replacing a Copeland compressor.

Appellant's petition for rehearing is denied.

This order does not change the appellate judgment.

PERLUSS, P. J.

SEGAL, J.

FEUER, J.