PHILADELPHIA — A chemical company is suing a pharmaceutical company, citing alleged breach of contract.
Air Products and Chemicals Inc. filed a complaint on Nov. 13 in the U.S. District Court for the Eastern District of Pennsylvania against The Procter & Gamble Manufacturing Co., alleging the defendant breached its duty to defend and hold Air Product clear from an death or injury lawsuit pursuant to the agreement.
According to the complaint, on March 20, 2012, parties entered into an agreement under which Air Products agreed to sell and defendant P&G agreed to purchase its hydrogen fueling equipment with a "Limitation of Liability" to protect and defend plaintiff from any claims due to the risk hazards the equipment contains.
However, on July 3, plaintiff received a complaint made by three P&G employees allegedly injured by the equipment, but defendant allegedly declined to tender indemnification and defend them from the complaint, causing plaintiff to incur over $41,000 in legal fees and costs.
The plaintiff requests a trial by jury and seeks judgment for actual and compensatory damages, and such other and further relief. They are represented by Gerald Burns and Marl Kasten of Buchanan Ingersoll & Rooney PC in Philadelphia.
The U.S. District Court for the Eastern District of Pennsylvania Case No. is 5:18-cv-04878-EGS.