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CONFIDENTIAL

Aug. 12, 2000

Contracts
Breach of Contract
Breach of Implied Warranty

Confidential

Settlement –  $115,000

Judge

James L. Mahoney

Court

L.A. Superior Central


Attorneys

Plaintiff

Jonathan L. Smoller


Defendant

William F. Rummler

Gregory A. Dilts

David N. Lyon


Experts

Plaintiff

Larry E. McKnight
(technical)

Facts

The plaintiff is a manufacturer of axles for a trucking industry. The plaintiff purchased a 150 ton Series 1500
industrial fluid cooler from defendant A. Defendant A installed the fluid cooler at the plaintiffÆs plant in
November 1996. Beginning in December 1997, the plaintiff experienced numerous leaks in the galvanized
steel tubing which caused the plaintiff to have to shut down its axle manufacturing operations over extended
periods of time. Eventually, the plaintiff had to replace the entire galvanized steel tubing in the fluid cooler.
The plaintiff alleged causes of action for breach of warranty, negligence and breach of contract against
defendants A and B, the water treatment company.

Defendants A and B cross-complained against defendant C, the manufacturer of the fluid cooler.

Settlement Discussions

Defendant A offered $100,000, defendant B offered $5,000 and defendant C offered $10,000. The plaintiff made a demand of $195,000.


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