Robert Wilens Won Victory Against Jomar International
May 29, 2007
Partner, Robert Wilens, received a jury verdict in Springfield, MO for $408,727.41 against Jomar International, the manufacturer and distributor of the Add-A-Valve. The case involved a 1" copper pipe dislodging from one end of an Add-A-Valve that had been installed 6 months prior to the incident on the 5th Floor of Cox Hospital in Springfield, MO. The incident caused a release of hot water, causing property damage to 4 floors of the hospital and a small BI loss. The hospital and the insurer were both named as Plaintiffs. The allegations included an improper installation by Jess Wood Plumbing and Heating, a local Springfield company, and strict liability and breach of warranty against Jomar.
The jury found that the Add-A-Valve had defects in that the cutter took too much of the copper pipe when it cut thus leaving the remaining bridges vulnerable to breakage due to loads. The jury also found that the valve body did not have a barb or other mechanical device to keep the copper pipe within the valve body, if the bridges broke after the pipe was cut and the valve was installed. The jury was also critical of Jomar for not keeping a better paper trail for its development and testing of the valve. The installer, Jess Wood Plumbing, was found not guilty, despite failing to use pipe hangers to support the line, and using both sealants provided, Teflon and Tighter Than Tight; both contrary to the instructions provided by Jomar.
This is the first reported verdict against Jomar involving the Add-A-Valve.
