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MOSAIC FERTILIZER, LLC et al v. PRECISION ENGINEERING, INC.

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: 
2:12-cv-01140 Search Pacer
ACE Group party(s): 
Opposing Party: 
Mosaic Fertilizer, LLC
Court Type: 
Federal
US District Court: 
Eastern District of Louisiana
Date Filed: 
May 4 2012

"NEGLIGENCE OF DEFENDANT PRECISION

26. Plaintiffs hereby allege and incorporate by reference paragraphs 1 through 24 as if fully stated herein.

27. At all pertinent times herein, Defendant Precision, through its agents and employees, acting in the scope of their employment, owed Mosaic a duty of due care to perform all services in connection with the ammonia reformer furnace in a skillful, workmanlike, prudent, and non-reckless manner, complying with the standard of care reasonably expected of an engineer of its type.

28. Defendant Precision was under an obligation of due care for the safety and protection of Mosaic's property, to observe all applicable statutes, codes, protocols, regulations, policies and procedures and to meet and/or exceed industry standards in performing its work.

29. Defendant Precision breached its duty to Mosaic when it failed to use ordinary care, and indeed fell below the community standard of care when performing its services on the ammonia reformer furnace, including, but not limited to the following:

a. Failing to take proper precautions while engineering and executing their portion of the ammonia reformer turnaround, including, but not limited to, ensuring that all valves, particularly FV2, were properly set and programmed, consistent with instructions from Mosaic and as would be obvious from the valve's prior settings;
b. Failure to perform its work on the ammonia reformer system in a reasonable, safe and skillful manner;
c. Negligently delegating, hiring and/or supervising the workmanship and safety of the engineering services delegated and/or subcontracted out;
d. Negligently and improperly directing others in connection with the engineering work on the ammonia reformer work;
e. Failing to comply with the safety standards in the industry when performing its engineering work;
f. Failing to use reasonable care and a workmanlike manner when performing its engineering work;
g. Violating federal, state, and/or local ordinances, statutes, and/or codes in the manner in which it performed its work;
h. Failing to take all other reasonable precautions to prevent the injury and damage that resulted; and
i. Any other acts or omissions that become known through the course of discovery.

30. As a direct and proximate result of Defendant Precision's negligence, Mosaic suffered damages as set forth above.

BREACH OF EXPRESS/IMPLIED CONTRACT AND WARRANTY BY DEFENDANT PRECISION

31. Plaintiffs hereby incorporate the allegations of Paragraphs 1 through 30 as if fully stated herein.

32. Prior to April 22, 2011, Mosaic contracted with Defendant Precision for Precision to engineer, program and design certain portions of the turnaround for the ammonia reformer furnace at the Faustina facility.

33. Defendant Precision's failure to safely furnish engineering services during the turnaround was a breach of its express/implied contract and warranty with Mosaic.

34. Defendant Precision breached this express/implied contract and warranty with Mosaic in the following, but not limited to, ways:
a. Failing to take proper precautions while engineering and executing their portion of the ammonia reformer turnaround, including, but not limited to, ensuring that all valves, particularly FV2, were properly set and programmed, consistent with instructions from Mosaic and as would be obvious from the valve's prior settings;
b. Failure to perform its work on the ammonia reformer system in a reasonable, safe and skillful manner;
c. Negligently delegating, hiring, and/or supervising the workmanship and safety of the engineering services delegated and/or subcontracted out;
d. Negligently and improperly directing others in connection with the engineering work on the ammonia reformer work;
e. Failing to comply with the safety standards in the industry when performing its engineering work;
f. Failing to use reasonable care and a workmanlike manner when performing its engineering work;
g. Violating federal, state, and/or local ordinances, statutes, and/or codes in the manner in which it performed its work;
h. Failing to take all other reasonable precautions to prevent the injury and damage that resulted; and
i. Any other acts or omissions that become known through the course of discovery.

35. As a direct and proximate result of Defendant Precision's breach of its express/implied contract and warranty with Mosaic, Mosaic suffered damages as set forth above."

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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