PITTSBURGH – Additional defendants are now joined to a lawsuit detailing that a faulty water supply hose leaked and led to damage in a notable Pennsylvania plaintiff law firm’s Pittsburgh offices.
Carlson Lynch of Pittsburgh first filed suit in the Allegheny County Court of Common Pleas on Aug. 13, 2018, versus Coastal Ningbo Hardware Manufacturing Co., Ltd. of Ningo Zhejiang, China, Ferguson Enterprises, Inc. of Newport News, Va. and Schubert Plumbing & Heating Inc., of Glenshaw.
“Prior to June 5, 2017, Carlson Lynch hired Schubert to install an automatic coffee maker in its leased premises as part of a renovation of the Carlson Lynch space. In order to supply water to the automatic coffee maker, Schubert purchased and installed a Coastal Ningbo braided flexible water supply hose, and related fittings and appurtenances [a water supply hose] and installed and connected the coffee maker to the building water supply,” the suit stated.
“Ferguson sold and supplied the subject water supply hose to Schubert. On or about June 5, 2017, under normal operating conditions, the subject water supply hose malfunctioned, separated and failed causing water to leak from the hose and throughout the Carlson Lynch space and the subject property, from the fifth floor to the ground level. As a result of the aforesaid incident, Carlson Lynch suffered damage to its real, personal and business property, as well as the loss of use thereof and the loss of business income therefrom.”
Carlson Lynch said the defendants were responsible for failing to properly design, develop, manufacture, assemble, produce, test, inspect and market the flexible water supply hose and related fittings and connections so that the product was able to tolerate normal and foreseeable operating conditions.
The defendants also allegedly failed to adequately warn installers, resellers, users and consumers that the subject water supply hose was defective and could catastrophically fail and leak, as well as allegedly failing to properly inspect and/or test the defective flexible water supply hose before selling, supplying and installing it, among other charges.
Carlson Lynch has been notable for filing large numbers of lawsuits citing alleged violations of the Americans with Disabilities Act of 1990, including for defendants’ whose websites are said to violate that same statute.
Law firm Carlson Lynch Sweet Kilpela & Carpenter filed an answer on Dec. 19, in response to new matter from Coastal Ningbo Hardware Manufacturing Co., Ltd. on Nov. 20, which stated both parties had agreed to a stipulation where Coastal’s right to assert affirmative defenses, counterclaims, cross-claims and joinder claims would be stricken without prejudice.
UPDATE
On Aug. 12, Coastal Ningbo and Ferguson Enterprises filed a motion to join Bunn-O-Matic Corporation, Sage Land, L.P., System4, LLC; Green Horse, LLC (doing business as “System 4 of Western Pennsylvania” and “System4 of Pittsburgh, LLC”); and Smalls Cleaning, LLC as defendants to the suit.
“Through recent investigation and depositions in late 2019, it has become clear that proposed additional defendants System4, LLC, System4 LLC; Green Horse, LLC (doing business as “System4 Of Western Pennsylvania” also doing business as “System4 Of Pittsburgh, LLC”); and Smalls Cleaning, LLC were responsible for regular cleaning and/or overseeing the regular cleaning at or near the area of the coffee maker and water supply hose, and did so on the evening of the accident, which accident was caused by mechanical damage/force being improperly applied to the water hose behind the coffee maker, which caused it to separate and resulted in the flood incident. Proposed additional defendant Sage Land, L.P., was plaintiff’s landlord and owner of the building and leased the suite to plaintiff,” per the defendants’ motion.
The defendants said there has been “no unreasonable delay” in attempting to join the additional defendants, as service on moving defendant Coastal Ningbo was not reflected on the docket until Sept. 19, 2019, and communications between undersigned counsel and moving defendant Coastal Ningbo are logistically difficult and take additional time.
“Any delay and prejudice resulting from the proposed joinder will be minimal. Written discovery and depositions in this matter are still ongoing and the parties agreed to postpone certain scheduled discovery to allow time for this leave request to be made,” the motion adds.
For multiple counts of negligence, strict product liability, breach of warranty, breach of implied warranty of merchantability and breach of implied warranty of workmanlike performance the plaintiff is seeking judgment, plus interest, costs and such other and further relief as the Court deems just and appropriate.
The plaintiff is represented by Steven L. Smith of the Law Offices of Steven L. Smith, in Swarthmore.
The defendants are represented by Brook T. Dirlam and Thomas E. Zumpella of Thomas Thomas & Hafer in Pittsburgh, plus David B. Pizzica, Erin L. Hayes and Robert M. Cavalier of Lucas & Cavalier and Virginia Marie King of Chartwell Law Offices, in Philadelphia.
Allegheny County Court of Common Pleas cases GD-18-010547
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com