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ACE AMERICAN INSURANCE COMPANY v. EMC TECHNOLOGIES

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
2:14-cv-01104 Search Pacer
Court Type: 
Federal
US District Court: 
Eastern District of Pennsylvania
Date Filed: 
Feb 24 2014

STATEMENT OF FACTS
9. Plaintiff incorporates by reference the preceding averments as though set forth at
length herein.
10. In or about 2001, Alion purchased an ETS-Lindgren reverberating chamber and a
control room chamber through EMC for good and valuable consideration.
11. In or about May of 2002, Alion purchased pyramidal anechoic absorber material
("anechoic foam"), through EMC for good and valuable consideration to be installed in the
control room chamber.
12. ETS-Lindgren's representatives assembled the reverberating chamber in the
Building where it was designated Chamber 6.
13. ETS-Lindgren's representatives also assembled the control room chamber in the
Building and, upon information and belief, oversaw the installation of the anechoic foam in the
chamber in 2002 where it was designated Chamber 7.
14. The anechoic foam was sold and/or distributed into the stream of commerce by
EMC.
15. EMC represented to Alion that the anechoic foam that was installed in Chamber 7
did not need to be altered, modified, moved or replaced after it was installed.
16. On or about February 24, 2012, a fire originated in Chamber 7 when the anechoic
foam that was sold and/or distributed into the stream of commerce by EMC overheated and
caught on fire.
17. As a direct and proximate result of the aforementioned fire, Alion's business and
personal property at the Building was severely damaged and destroyed.
18. As a direct and proximate result of the aforementioned fire, Alion suffered
damage and destruction to its business and personal property at the Building in an amount in
excess of $1,400,000.00.

COUNT I - STRICT LIABILITY
19. Plaintiff incorporates by reference the preceding averments as though set forth at
length herein.
20. At all times relevant hereto, the anechoic foam that was sold and/or distributed
into the stream of commerce by EMC was not modified, changed and/or abused by Alion or
other users of same at the Building.
21. EMC sold and/or distributed into the stream of commerce the aforesaid anechoic
foam in a dangerously defective condition.
22. The fire and resultant damage and destruction to Alion's business and personal
property was caused by and/or resulted from the acts and/or omissions of EMC, by and through
its agents, subagents, servants, representatives, employees and/or sub-contractors, acting within
the course and scope of their employment, for which EMC is strictly liability pursuant to §402A
of the Restatement (Second) of Torts in:
(a) selling and/or distributing dangerously defective anechoic foam that EMC
knew or reasonably should have known subjected Alion's business and personal property to an
unreasonable risk of harm;
(b) failing to provide adequate and sufficient warnings and instructions with
respect to the safe operation of the anechoic foam that rendered the aforesaid product defective
and unreasonably dangerous;
(c) failing to warn Alion and others of the aforesaid dangerously defective
conditions that EMC knew or reasonably should have known existed and created an
unreasonable risk of harm to Alion's business and personal property;
(d) failing to properly inspect and correct the defective conditions that EMC
knew or reasonably should have known existed and created an unreasonable risk of harm to
Alion's business and personal property;
(e) misrepresenting the attributes and uses of the anechoic foam when EMC
knew or reasonably should have known that future users would justifiably rely on the
misrepresentations; and
(f) otherwise acting in a manner which subjected EMC to strict liability under
all of the circumstances.
23. As a direct and proximate result of EMC s wrongful acts and/or omissions for
which it is strictly liable to Plaintiff pursuant to §402A of the Restatement (Second) of Torts,
Alion suffered damage and destruction to its business and personal property in an amount in
excess of $1,400,000.00.
WHEREFORE, Plaintiff, ACE American Insurance Company, as subrogee of Alion
Science and Technology Corporation, demands judgment against Defendant, EMC
Technologists, a division of PR Corporation, in an amount in excess of $1,400,000.00, together
with interest, costs, attorneys' fees and such other damages as may properly be awarded by this
Court.

COUNT II - NEGLIGENCE
24. Plaintiff incorporates by reference the preceding averments as though set forth at
length herein.
25. The damage and destruction to Alion's business and personal property was caused
by and resulted from the negligent, careless and/or reckless acts and/or omissions of EMC, by
and through its agents, subagents, servants, representatives, workmen, employees and/or subcontractors
acting within the course and scope of their employment. Said acts and/or omissions
consisted of:
(a) failing to properly and adequately hire, train and supervise its agents,
subagents, servants, representatives, workmen, employees and/or subcontractors to ensure that
proper and adequate means and methods were used when selling anechoic foam to its customers;
(b) failing to properly and adequately prepare its customer quotes for anechoic
foam after the product was ordered;
(c) failing to properly and adequately hire, train and supervise its agents,
subagents, servants, representatives, workmen, employees and/or subcontractors to ensure that
proper and adequate means and methods were used to prepare and review customer quotes for
anechoic foam after the product was ordered;
(d) improperly preparing the April 25, 2002, Alion quote for anechoic foam
that was installed in Chamber 7 where the fire occurred;
(e) failing to ensure that proper and safe materials and/or components were
used in the assembly of Chamber 7 and the installation of the anechoic foam in the Building;
(f) failing to warn Alion of the danger presented to its business and personal
property at the Building by failing to use proper and safe materials and/or components in the
assembly of Chamber 7 and the installation of the anechoic foam;
(g) failing to warn Alion of the danger presented to its business and personal
property at the Building if the anechoic foam was installed too close to the light fixtures in
Chamber 7;
(h) failing to provide Alion with any warnings regarding the ignition
temperature and/or other potential fire risks and/or hazards of the anechoic foam that was
installed in Chamber 7;
(i) failing to ensure that proper engineering and/or safety practices were used
when installing the anechoic foam in the Building;
(j) failing to detect and correct the unsafe conditions that existed in Chamber
7 after the anechoic foam was installed;
(k) failing to take proper and adequate precautions to protect Alion's business
and personal property at the Building from the risks and/or hazards of a fire;
(1) failing to perform its work in a good and workmanlike manner; and
(m) otherwise failing to use due care under the circumstances.
26. As a direct and proximate result of EMC s negligent, careless, reckless acts and/or
omissions, Alion suffered damage and destruction to its business and personal property in an
amount in excess of $1,400,000.00.

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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