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

7/28/2019 ACE AMERICAN INSURANCE COMPANY v. ETS-LINDGREN, L.P. Complaint

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Case 2:13-cv-01732-NS Documen t 1 Filed 04/03/13 Page 2 of 6

and, at all times relevant hereto, was a tenant at 20 Clipper Road in West Conshohocken,

Pennsylvania (the "Building").

3. At all times relevant hereto, the Building housed nine (9) of Alion's anechoic

chambers thatAlion rented out to its respective clients for testing purposes.

4. Defendant, E TS-L indgren, L.P.,f/k/a EMC Test Systems, L.P. ("ETS"), upon

information andbelief, is a limited partnership duly formed and existing under the laws of the

State of Texas with its principal place of business located at 1301 Arrow Point Drive, Cedar

Park, Texas, and, at all times relevant hereto, was engaged,inter alia, in the business of

designing, manufacturing, selling, assembling and installing both anechoic chambers and the

pyramidal anechoic absorber material that is installed in the chambers.

5. ACE issued Policy No. M AUD 35715423 to Alion for the period October 1,2011,

to October 1, 2012, insuring A lion's business and personal property at the Building.

6. ACE has mad e paym ents to Alion under the aforementioned Policy in an amount

in excess ofOne Million, Four Hundred Thousand Dollars ($1,400,000.00) for damages

sustained as the result of afire that occurred on or about February 24 ,2012, at the Building and

is subrogated to the rights ofits insureds to the extent ofits payments pursuant to the terms of the

Policy, and now seeks recovery of said payments.

JURISDICTION AND VENU E

7. Jurisdiction is based on 28 U.S.C. 1332(a)(1) as this action involves a

controversy between citizens of different states and an amount in controversy which exceeds

Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest and costs.

8. Venue is proper in this district based on 28 U.S.C .1391 (a) in that the event

giving rise to this claim occurred within this district.


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Case 2:13-cv-01732-NS Docum ent 1 Filed 04/03/13 Page 3 of 6

STATEMENT OF FACTS

9. Plaintiff incorporates by reference the preceding averm ents as though set forth at

length herein.

10. In or about 2002,Alion purchased an ETS-Lindgren SMART 400 reverberating

chamber and a control room chamber from ETS for good and valuable consideration.

11. In or about May of2002, Alion purchased pyramidal anechoic absorber material

("anechoic foam"), from ETS for good and valuable consideration to be installed in the SMART

400 reverberating chamber and the control room chamber.

12. ETS assembled the SM ART 400 reverberating chamber in the Building and

oversaw the installation of the anechoic foam in the chamber in 2002 where it was designated

Chamber 6.

13. ETS also assembled the control room chamber in the Building and oversaw the

installation of the anechoic foam in the chamber in 2002 where it was designated Chamber 7.

14. ETS represented to Alion that the anechoic foam that was installed in Cham bers 6

and 7 did not need to be altered, modified, moved or replaced after it was installed.

15. On or about February 24 , 2012, a fire originated in Chamber 7 when the anechoic

foam that was designed, manufactured, sold, and installed at the direction of ETS overheated and

caught on fire.

16. As a direct and proximate result of the aforementioned fire,Alion's business and

personal property at the Building was severely damaged and destroyed.

17. 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.


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Case 2:l3-cv -017 32-N S Document 1 Filed 04/03/13 Page 5 of 6

(f) failing to ensure that the proper and necessary materials and/or

compo nents and/or equipment w ere used in the assembly of Chamber 7 and the installation of

the anechoic foam in the Bu ilding;

(g) failing to ensure that proper and safe mater ialsand/or components were

used in the assembly of Chamber 7 in the Building;

(h) failing to warnAlion 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 Cham ber 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 warn ings regarding the ignition

temperature and/or other potentialfire risks and/or hazards of the anechoic foam that was

installed in Chamber 7;

(m) failing to ensure that prope r engineering and/or safety practices were used

when assembling Cham ber 7 and installing the anechoic foam in the Building;

(n) failing to ensure that proper enginee ring and safety practices were used

when designing Cham ber 7 and the anechoic foam;


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Case 2:l3- cv-0 l732 -N S Document 1 Filed 04/03/13 Page 6 of 6

(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 Alio n's business

and personal property at the Building from the risksand/or hazards of a fire;

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

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

20. As a direct and proximate result ofETS' negligent, careless, reckless actsand/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 C orporation, dema nds judgm ent against Defendant,ETS-Lindgren,

L.P., f/k/a EM C T est Systems, L.P., in an amount in excess of $1,400,000.00, together with

interest, costs, attorney s' fees and such other damage s as may properly be aw arded by this Court.

Respectfully submitted,

COZEN O'CONNOR

BY: s/ William E. Gericke (WEG5875)WILLIAM E. GERICKE, ESQUIRE1900 Market StreetPhiladelphia, PA 19103

(215) 665-2000 (Telephone)(215) 701-2146 (Facsim ile)[email protected]

Attorneys for Plaintiff,Ace American Insurance Company
mailto:[email protected]:[email protected]

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