Case 3:11-cv-01741-CSH Document 1

Filed 11/09/11 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT

ACE AMERICAN INSURANCE COMPANY,

436 Walnut Street Philadelphia, PA 19106 Plaintiff, v. EATON ELECTRICAL, INC. 1111 Superior Avenue Cleveland, Ohio 44114 Defendant. JURY TRIAL DEMANDED Case No.

COMPLAINT NOW COMES Plaintiff, ACE American Insurance Company, by and through its undersigned counsel, and for its Complaint against Eaton Electrical, Inc., alleges as follows: PARTIES 1. Plaintiff, ACE American Insurance Company ("ACE"), is an insurance company

organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 436 Walnut Street, Philadelphia, Pennsylvania 19106. 2. At all times relevant hereto, ACE was authorized to issue insurance policies in the

State of Connecticut. 3. At all times relevant hereto, ACE provided insurance to Omega Engineering, Inc.

and Omega's affiliate Pilot's Mall L.L.C. ("Omega") for the property located at 75 Vista View Drive, Southbury, Connecticut 06488 pursuant to policy number GPAD36110934002.

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4.

Defendant, Eaton Electrical, Inc. ("Eaton"), is a corporation organized and

existing under the laws of the State of Delaware with its principal place of business at 1111 Superior Avenue, Cleveland, Ohio 44114. 5. At all times relevant hereto, Eaton was engaged in the business of designing,

manufacturing, assembling, fabricating, selling and distributing electrical equipment, including, but not limited to, electric meter pans with circuit breakers . JURISDICTION AND VENUE 6. This Court has jurisdiction pursuant to 28 U.S.C. 1332 as there is diversity

between the parties and the amount in controversy, exclusive of interest and costs, exceeds the sum of $75,000.00. 7. Venue is proper in the District of Connecticut pursuant to 28 U.S.C. 1391, as

the events giving rise to this claim occurred in the District of Connecticut. GENERAL ALLEGATIONS 8. On January 17, 2011 Omega owned a residential property located at 75 Vista

View Drive, Southbury, Connecticut 06488 ("the Subject Property"). 9. The electrical distribution system at the Subject Property utilized an electric meter

pan which included a circuit breaker (hereinafter collectively referred to as "the Meter Pan") which was upon information and belief designed, manufactured, assembled, fabricated, sold and distributed by Eaton. 10. Electric service entered the Subject Property, connected to the Eaton Meter Pan

and was metered and then connected to the Subject Property's electric distribution system. 11. On January 17, 2011, a failure of the Meter Pan caused a fire ("the Fire") at the

Subject Property causing its substantial destruction.

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12.

Omega submitted a claim to ACE for the damages caused by the Fire to the

Subject Property and, pursuant to the terms and conditions of Omega's policy of insurance, ACE paid Omega $777,376.74 as the fair and reasonable value to repair and replace the property damaged by the Fire. 13. Pursuant to the principles of legal and equitable subrogation, as well as the terms

and conditions of Omega's policy of insurance, ACE is subrogated to Omega's rights to the extent of ACE's payment to Omega. COUNT I - STRICT PRODUCT LIABILITY 14. 15. ACE incorporates the paragraphs I -13 as if fully set forth herein. Defendant is a product seller, as defined by the Connecticut Product Liability Act,

Conn. Gen. Stat. 52-572m, etseq. ("the Act") engaged in the business of designing, manufacturing, assembling, fabricating, selling products including, but not limited to, the Meter Pan. 16. 17. The Meter Pan was a product and it was defective and unreasonably dangerous. The defect in the Meter Pan existed at the time Eaton placed the Meter Pan into

the stream of commerce. 18. The Meter Pan was expected to, and did, reach Omega without substantial change

in its condition from the time that Eaton placed it into the stream of commerce. 19. The Fire that destroyed the Subject Property was the direct and proximate result

of the defect in the Meter Pan. 20. Eaton is legally responsible and strictly liable for the losses suffered by ACE in

one or more of the following ways: A. Designing, fabricating, manufacturing, assembling, selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter

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Pan in a condition that Defendant knew, or should have known, presented an unreasonably dangerous condition; B. Designing, fabricating, manufacturing, assembling, selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan in a condition that was not merchantable or fit for the purpose for which such products are ordinarily and foreseeably used; Failing to design, fabricate, manufacture, assemble, sell, distribute, and the Meter Pan so that foreseeable failures of the Meter Pan would not present a fire hazard; Negligently designing, fabricating, manufacturing, assembling, selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan; Failing to properly and adequately test and/or inspect the Meter Pan, prior to selling, distributing, supplying, and otherwise placing into the stream of commerce the Meter Pan; Breaching the implied warranty of merchantability in that the Meter Pan, was not fit for its particular intended purpose and was not of fair average quality; Breaching the implied warranty of fitness for a particular purpose in that the Meter Pan, was not fit for its particular intended purpose Upon information and belief, breaching express warranties by affirmation promise and description in that the Meter Pan was defective and not as described or promised Breaching the implied warranty against defects in material and workmanship in that the Meter Pan, was defective and malfunctioned during, ordinary and foreseeable use; and Otherwise failing to act with due care under the circumstances.

C.

D.

E.

F.

G. H.

I.

J.

WHEREFORE, Plaintiff, ACE American Insurance Company, demands judgment against Defendant, Eaton Electrical, Inc., in the amount of $777,376.74, together with interest

Case 3:11-cv-0174T-CSH Document 1

Filed 11/09/11

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and the costs of this action, and such other relief as deemed just and proper under the law. Dated: November ?, 2011 Respectfully submitted, THE PLAMIIFF,
By:

Da*ffiflT. CrotttJr. J ilvey, Oliver, Go/do" & Crotta \3 TrumbufeiH'tfet New Haven, CT 06511 Tel.: 203-624-5111 Fax.: 203-789-8371 crotta@moglaw:com

Of Counsel: Peter Rossi, Esq. Cozen O'Connor 1900 Market Street Philadelphia,? A19103 (215)665-2783 prossi@cozen.com