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
Justin P. Karczag
(Encore Law Group LLP)
Defendant
Dennis S. Ellis
(Ellis, George, Cipollone, O'Brien & Annaguey LLP)
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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