Daniel and Sarah Troop v. Anthony Industries, Inc., et al.
Published: Sep. 24, 1994 | Result Date: Jun. 29, 1994 | Filing Date: Jan. 1, 1900 |Case number: 109151V – $0
Judge
Court
Montgomery Circuit
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Franklin D. Richards
(medical)
Douglas W. Townsend
(technical)
Defendant
Robert I. Weiner
(technical)
Facts
In 1981, Plaintiff Daniel Troop purchased an Anthony Pool with an Anthony "Apollo" stainless steel filter system. Plaintiff's neighbor had the same filter system, originally sold and installed in 1983. Defendant Anthony Industries, Inc., manufactured and installed both systems. The Apollo filter system consists of two stainless steel filter canisters, held together by a stainless steel clamping band. A pump and motor take water from the pool and filter it through patented vertically oriented filter grids inside the tank, then return the clean water to the pool in PVC lines. The filter has a pressure gauge and air relief valve on the top. The 10-year-old valves on the PVC lines at the neighbors' home needed replacement. Plaintiff undertook to replace his neighbor's PVC and valves and did so on May 9, 1993. After having some trouble getting the system to take "prime" again, Plaintiff finally got the system going and allegedly bled the air out at that time. After spending about 45 minutes cleaning up, adding a diatomaceous earth slurry to the system, Plaintiff noticed a leak at the clamping band. This held together the top and bottom stainless steel filter canister halves. He then turned the system on and off at least three times and attempted to tighten the clamping band to fix the leak. Plaintiff did not again open the air relief valve on the top of the filter tank, a necessary process to relieve the compressed air in the system. While Plaintiff was tightening the clamping band for the last time, the top half of the filter separated from the bottom, striking Plaintiff on the head.
Settlement Discussions
Defendant contends they offer to settle for $35,000 with an indication of a possible discount on a new pool and Plaintiff demanded $500,000 cash plus $35,000 new pool.
Specials in Evidence
$15,000 collateralized
Injuries
Skull fracture, including fracture of the right eye orbit, requiring three surgeries, including placement of a steel plate to reform the orbit, and nasal surgery (partially due to preexisting polyp); residual headaches, permanent facial and head scarring, and loss of sensation. Plaintiff's wife claimed loss of consortium injuries.
Other Information
Approximately one month before trial, the issue of liability was bifurcated from the issue of damages and ordered tried first.
Deliberation
30 minutes
Poll
6-0
Length
3 days
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