Los Angeles Export Terminal Inc. v. Thyssen Krupp, et al.
Published: Oct. 7, 2006 | Result Date: Feb. 27, 2006 | Filing Date: Jan. 1, 1900 |Case number: BC284285 Verdict – $5,172,980
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Friedrich W. Seitz
(Murchison & Cumming LLP)
Richard C. Moreno
(Murchison & Cumming LLP)
Experts
Plaintiff
Ali Rezaei
(technical)
Bernard Grossman
(technical)
Defendant
Gary J. Fowler
(technical)
Norman Alvares
(technical)
Michael E. Fourney
(technical)
Facts
Plaintiff Los Angeles Export Terminal is a coal export terminal. In 1991, a study was done to assess the viability of a bulk handling facility at the Port of Los Angeles. According to the study, a bulk terminal at the port was feasible, and could lead to an annual export of about 20 million metric tons of product.
In 1994, engineering and consulting companies were hired to create performance specifications for plaintiff's facility. Defendant Thyssen Krupp Robins Inc. later evaluated the performance specifications and submitted a bid for the shiploader. The defendant and the plaintiff entered a contract, which provided for the construction of a shiploader. Defendant Thyssen Krupp contracted with defendant Krupp Canada Inc. to manufacture certain components of the shiploader. In 2000 and 2001, there were fires on the shiploader.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the shiploader and its components had defects. The defendants were therefore responsible for the damage caused by the fires.
DEFENDANTS' CONTENTIONS:
The defendants contended that the plaintiff and other companies in charge of maintaining the shiploader were responsible for the damage.
Damages
The first fire resulted in damages totaling over $3 million. The damages from the second fire amounted to almost $2 million.
Result
The plaintiff was awarded $5,172,981.
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