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Personal Injury
Product Liability
Manufacturing and Design Defect/Blanket

Zoltek Companies Inc. v. BH Thermal Corp.

Published: Dec. 22, 2007 | Result Date: Feb. 2, 2007 | Filing Date: Jan. 1, 1900 |

Case number: GIC850846 Verdict –  Defense

Court

San Diego Superior


Attorneys

Plaintiff

Blake S. Posner

Christopher J. Perry
(Perry Law Firm)

Matthew P. Foose
(Makkabi Law Group APC)

Stephen A. Watson


Defendant

Jeffrey M. Anielski
(Diederich & Associates)


Experts

Plaintiff

Jacques Belanger
(technical)

Defendant

Nicholas J. Corbo
(technical)

Facts

Zoltek Companies Inc. purchased two commercial heating blankets and controllers designed, manufactured, and sold by BH Thermal Corp. Zoltek used the blankets and controllers to heat resin material in 300-gallon containers for use in manufacturing carbon-based building material. About four years later, a fire broke out at Zoltek's facility. Zoltek filed suit against BH Thermal for products liability.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the fire had been caused by either a manufacturing or design defect in the heating blanket and controller.

DEFENDANT'S CONTENTIONS:
The defendant contended that the blanket had ignited as a result of misuse.

Damages

The plaintiff sought $394,873 subrogation for insured losses and $133,512 for uninsured losses.

Result

The jury found for the defense.


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