Facts

The plaintiff purchased from defendants a complete cogeneration system to convert MDF dust into electricity by burning the dust to create steam to power a turbine and generator. The electricity was to produce enough electricity to power plaintiff's manufacturing plant. The system was purchased and installed, but the defendants were not able to get the system to work after multiple start-up attempts over a one year period.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendants misrepresented their expertise and the quality of their products, breached the terms of the purchase contract and misdesigned the system such that it did not operate accordingly.

DEFENDANTS' CONTENTIONS:
The defendants contended that they should have been given more opportunities to make the system work and that the plaintiff interfered with their efforts to start up the system.

Settlement Discussions

The defendant offered $700,000 before trial.

Result

Verdict for $6,067,185 in favor of plaintiff.

Other Information

FILING DATE: March 31, 2005.

Deliberation

11 hours

Length

nine weeks