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Contracts
Breach of Contract

Vitascan Partners, I LLC v. GE Healthcare

Published: Nov. 25, 2006 | Result Date: Aug. 3, 2006 | Filing Date: Jan. 1, 1900 |

Case number: 011299909 Verdict –  Defense

Court

Santa Barbara Superior


Attorneys

Plaintiff

Peter J. Bezek

Thomas G Foley

Justin P. Karczag
(Encore Law Group LLP)


Defendant

Dennis S. Ellis
(Ellis, George, Cipollone, O'Brien & Annaguey LLP)

Danielle D. Colon

Wayne E. Beaudoin

Jacob Risner

Jason M. Frank
(Frank, Sims & Stolper LLP)


Experts

Plaintiff

John Bowman
(technical)

Defendant

Bruce A. Strombom
(technical)

Samuel Biggs
(technical)

Jonathan Berlin
(medical)

Facts

Plaintiffs Vitascan Partners I LLC and Vitascan Partners II LLC entered into finance leases with General Electric Capital Corp. (GECC), a separate company of GE Healthcare. Plaintiffs needed funds to purchase mobile EBT scanners.

Contentions

CONTENTIONS:
Plaintiffs sued defendant GE Healthcare for breach of express warranty, breach of implied warranty of fitness and/or merchantability, fraud and negligent misrepresentation.

Damages

Plaintiffs alleged damages over $16 million. Defendant alleged damages over $4.5 million, which included judgment totaling over $4.3 million awarded to the cross-complainant GECC.

Result

Before trial, the court found plaintiffs breached the leases and owed GECC over $4.3 million. The jury returned a defense verdict and awarded GE Healthcare $50,001 for its claims, voting in favor of defendant's counter-claims. The jury also dismissed plaintiffs' claims.

Deliberation

four hours

Poll

the jury dismissed plaintiffs' claims 12-0; the jury voted 10-2 (in favor of defendant's counter-claims).

Length

27 days


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