DRC Congratulates Jones Day on Swift Defense Verdict
February 21, 2020
DRC congratulates Theodore Grossman, Richard Bedell Jr., Allison Waks, and David Fox of Jones Day on their defense victory in Bruce Evans, et al., v. DACA Delaware Dissolution Trust ("DACA), 17-cv-10108-RGS (D. Mass) and Christopher Egan, et al., v. DACA, 17-cv-11630-RGS (D. Mass). Bruce Evans and next-door neighbor, Christopher Egan, alleged that they relied on the Defendant's marketing materials that they claimed falsely described the capabilities of the Variable Refrigerant Volume system ("VRV*) - a highly sophisticated heating and air-conditioning system invented by the Japanese company Daikin Industries, Ltd. The families sought a combined S7 million in damages to compensate for the repair and replacement of their Daikin systems.
Evans and Egan, who reside in adjoining mansions in the Back Bay area of Boston, purchased their VRV systems in 2008 and 2009, respectively. Several years later, the indoor units began to fail due to corrosion of the copper refrigerant tubing, and by early 2020 approximately half of the units had failed in both homes. Daikin and almost all its competitors use the same basic design and materials of copper, steel, aluminum, and a plastic or Styrofoam pan that collects water produced during the cooling process. Despite the ubiquity of this design, Plaintiffs alleged through expert testimony that the use of a non-conductive pan was a design defect that caused stray electrical currents to be trapped in the system and corrode the copper. The defense successfully demonstrated that the true cause of the corrosion was the off-gassing from construction materials of volatile organic compounds, a problem that was exacerbated by their contractors' failure to ensure the units were properly ventilated and serviced. It was the collection of these chemicals on the copper tubing that caused the corrosion.
After a two-week trial and 70 minutes of deliberation (which included lunch), the eight-person Boston jury delivered a complete defense verdict, rejecting Plaintiffs* claims for negligent and intentional misrepresentation. DRC assisted the Jones Day trial team with jury selection, trial strategy consulting, and demonstrative aids.
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