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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

ACE AMERICAN INSURANCE COMPANY v. ETS-LINDGREN, L.P.

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: 
2:13-cv-01732 Search Pacer
ACE Group party(s): 
Court Type: 
Federal
US District Court: 
Eastern District of Pennsylvania
Date Filed: 
Apr 3 2013

COUNT I - NEGLIGENCE

18. Plaintiff incorporates by reference the preceding averments as though set forth at length herein.

19. 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 ETS, 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 oversee the assembly of Chamber 7 and the installation of the anechoic foam in the Building;

(b) failing to properly and adequately hire, train and supervise its agents, subagents, servants, representatives, workmen, employees and/or subcontractors to ensure that proper and safe means and methods were used to assemble Chamber 7 and install the anechoic foam in the Building;

(c) failing to properly and adequately inspect Chamber 7 and the anechoic foam after it was installed in the Building;

(d) failing to properly and adequately hire, train and supervise its agents, subagents, servants, representatives, workmen, employees and/or subcontractors to ensure that proper and safe means and methods were used to inspect Chamber 7 and the anechoic foam after it was installed in the Building;

(e) improperly permitting Chamber 7 and the anechoic foam to be assembled and installed in an unsafe and dangerous manner;

(f) failing to ensure that the proper and necessary materials and/or components and/or equipment were used in the assembly of Chamber 7 and the installation of the anechoic foam in the Building;

(g) failing to ensure that proper and safe materials and/or components were used in the assembly of Chamber 7 in the Building;

(h) failing to warn Alion of the danger presented to its business and personal property at the Building by the use of inadequate means, methods, techniques, sequences and procedures in the assembly of Chamber 7 and the installation of the anechoic foam;

(i) failing to warn Alion of the danger presented to its business and personal property at the Building by failing to use the proper and necessary materials and/or components and/or equipment in the assembly of Chamber 7 and the installation of the anechoic foam;

(j) 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;

(k) 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;

(1) 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;

(m) failing to ensure that proper engineering and/or safety practices were used when assembling Chamber 7 and installing the anechoic foam in the Building;

(n) failing to ensure that proper engineering and safety practices were used when designing Chamber 7 and the anechoic foam;

(o) failing to apply the degree of skill that would customarily be brought to the assembly of Chamber 7 and the installation of the anechoic foam in the Building by competent and skilled contractors and supervisors in and about the relevant community;

(p) failing to detect and correct the unsafe conditions that existed in Chamber 7 after the anechoic foam was installed;

(q) 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;

(r) failing to perform its work in a good and workmanlike manner; and

(s) otherwise failing to use due care under the circumstances.

20. As a direct and proximate result of ETS' 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.

WHEREFORE, Plaintiff, ACE American Insurance Company, as subrogee of Alion Science and Technology Corporation, demands judgment against Defendant, ETS-Lindgren, L.P., f/k/a EMC Test Systems, L.P., 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.

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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