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
Christopher J. Perry
(Perry Law Firm)
Matthew P. Foose
(Makkabi Law Group APC)
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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