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Phillip Bryant Receives Summary Judgement in Product Liability Case For Bosch Thermothechnology Corp

PS Partner: Phillip Bryant

We Represented: Bosch Thermothechnology Corp

Type of Case: Product Liability

Venue: United States District Court for the Eastern District of Missouri

Facts: Plaintiffs’ lake house, located in Millionaire’s Cove at Lake of the Ozarks, Missouri, was completely destroyed by fire.  The first notice to Bosch Thermotechnology Corp of a suggestion the fire was caused by a Bosch tankless water heater was when Bosch was served with the Complaint, 3 years after the fire occurred.  Plaintiffs adopted the speculation by the local Fire Marshall of the cause of the fire.  Bosch contended the Fire Marshall made no examination of the water heater to determine if it was, in fact, the cause of the fire.  Further, the Fire Marshall examined no other possible sources of fire.  Bosch contended the Fire Marshall’s opinions were based upon speculation and were not reliable.  Plaintiffs’ mechanical engineer expert assumed the Fire Marshall’s opinion as to the water heater being the cause of the fire was accurate.  Plaintiff’s mechanical engineer concluded the Bosch water heater was capable of reaching an overheat condition that could start a fire.  While Bosch disagrees with the plaintiffs’ mechanical engineer’s opinion, it also pointed out the mechanical engineer refused to say that, in fact, an overheat condition occurred with the water heater, leading to the subject fire.  The court granted Bosch’s Motion to Strike Plaintiffs’ Experts and then granted Bosch’s Motion for Summary Judgment.

 

Outcome: Bosch’s Motions to Strike Plaintiffs’ Experts were granted.  Summary Judgment also granted to defendant Bosch Thermotechnology Corp on May 5, 2018. The time for appeal has not yet expired but an appeal is not expected.

Last Settlement Demand: $1,650,000.00

Last Settlement Offer: $50,000.00

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