Hickman v. Hard Rock Hotel San Diego

Aug 12, 2016

OUTCOME: Defense

USAA Casualty Insurance Company and Mark and Maria Syms v Fluidmaster, Inc.

N/A

OUTCOME: Defense Verdict

Fluidmaster, which is headquartered in San Juan Capistrano, is a leader in the plumbing industry. Fluidmaster designs, manufactures and distributes in tank toilet replacement valves and connectors in c ... onjunction with original equipment manufacturers (OEMs). As a result, the 51 year-old company sells more toilet tank replacement valves than any other manufacturer in the world. A couple from Arizona had a Fluidmaster part installed in one of their toilets. The family was away for four days, and returned to discover significant water damage caused by a broken toilet connector. Specifically, the plastic coupling nut that connected the toilet valve to the water source was broken, allowing water to flow through the house. Thereafter, the couple and their insurance company sued Fluidmaster, alleging that the coupling nut was defectively designed, and that the material used (polyacetal) was not fit for this purpose. The couple, Mark and Maria Syms, and their insurer (USAA) sought damages in excess of $1.2 million. Mr. Weiss, who served as Fluidmaster's lead trial attorney, contended that the design was not the source of the failure. In fact, over 15 million nuts had been distributed since 2001, with only 411 known claims (a rate of 0.00002). Mr. Weiss also countered that the nut in question had been overtightened with a tool, when the part included a clear warning that read, "Plastic Nut - Hand Tighten Only. Do Not Overtighten." After the Plaintiffs refused to negotiate their damages, the parties began their five-day jury trial in December, 2007. The case was heard in Orange County Superior Court, with Hon. Daniel J. Didier presiding. The Plaintiffs alleged that the plastic used in the nut design was subject to degradation by chlorine. They presented alternative designs that, in their view, would have been better suited for the purpose. During trial, the Plaintiffs called Denver-based forensic engineer Mark Passamaneck to the stand, in an effort to convince jurors that the nut design was defective. Mr. Weiss, as lead trial attorney, was able to effectively demonstrate that the design of the nut was within industry standards, and that none of the Plaintiff's proposed designs were better than Fluidmaster's. Mr. Weiss also presented evidence of overtightening of the nut, including microscopic photography that showed scratches and displacement of the plastic, which was clearly the result of tightening with a tool. After less than two hours, the jury returned with a defense verdict on all causes. The Plaintiffs, who originally were seeking in excess of $1.2 million, now face a claim by Fluidmaster for reimbursement of its costs in defending the lawsuit. "In the end, these jurors were impressed with the integrity of Fluidmaster, its engineers, and its experts," noted Mr. Weiss after the verdict was announced. "They did not find Mr. Passamaneck's opinions credible, and were able to see through this lawsuit."

Guido v.Ben Eisenberg Properties – New Mart Building, Inc.

N/A

OUTCOME: Defense Verdict After 6 Day Jury Trial

Plaintiff alleged wrongful eviction by Defendant from premier Los Angeles garment industry location. Plaintiff alleged business interruption, property damage and conversion damages. Eisenberg, as def ... endant, filed a cross-complainant against plaintiff and alleged breach of lease agreement, including ultra vires piercing of corporate veil. During phase 1 of the six-day jury trial, Plaintiff dismissed entire action on day 2 of trial. In phase 2, cross-complainant obtained verdict for breach of contract, including successful piercing of corporate veil of cross-defendant’s corporation.