Facts

On Dec. 19, 2003, a plastic coupling nut on a Bobflex toilet water supply line fractured, causing a flood at a commercial property located in Spring Valley. That flood caused damage to the property. The owner was insured by American Economy Insurance Company (AEIC). AEIC paid for the damages sustained and was assigned the right to pursue RMC for distributing the Bobflex water supply line.

PLAINTIFF'S CONTENTIONS:
AEIC contended that the coupling nut was defective in design for several reasons. The first was the polyacetal material out of which the coupling nut was made degrades when it comes into contact with potable water supplied by municipal water districts due to the properties of the polyacetal when exposed to chlorinated water. Essentially the chlorinated water weakened the molecular properties of the material. In addition, the threads on the interior of the coupling nut were molded to the bottom of the nut, which increased the stress at the thread root radius. Furthermore, the design of the nut created a situation where the wall thickness was reduced at the point of highest stress.

Plaintiff's expert, Bruce Agle, an engineer, testified that the fracture surface of the coupling nut demonstrated that the nut had fractured due to environmental exposure to chlorinated water, and not from abuse by the user or installer.

DEFENDANTS CONTENTIONS:
The defendant denied liability claiming that the design of the nut was not improper as there were millions of these products in the market and a relatively low failure rate, plaintiff having produced evidence of only 20 other failures.

The defendant offered testimony of its plumbing industry and design expert, Larry Gish that the fracture of the nut was due to misuse through the application of a tool to tighten the nut, which was specifically a violation of the instructions supplied on the label of the product which said "hand tighten only." Gish also was of the opinion that the fracture surface demonstrated that the failure mode was due to the comprehensive force placed on the plastic coupling nut by a tool and was not due to either the nut's design or the selection of materials by RMC.

Settlement Discussions

Approximately seven months prior to trial, the plaintiff served a C.C.P. Section 998 offer to compromise in the amount of $15,517. The defendant offered $4,000 the day before the jury was sworn.

Damages

Damages in the amount of $20,689 were stipulated prior to trial.

Result

$20,689, plus costs of $10,031 for a total of $30,720.

Deliberation

2.5 hours

Poll

11-1

Length

2 days