Day Pitney Wins More Than $30 Million for Client in Complex Products Liability Matter

July 29, 2009

When a hot isostatic press (HIP) exploded at Bodycote IMT, Inc's Andover, Mass. facility in 1998, the force of the explosion propelled huge metal pieces of the HIP -- the largest in the world when it was built in 1986 -- more than a quarter of a mile from the plant. Without the 19-foot, 140 ton HIP -- a large steel pressure vessel used to make metal components less porous through the application of both extremely high temperatures and pressure -- the plant was unable to run at full capacity for nearly two years. During that time, a new HIP was custom designed, built, and installed.

Day Pitney filed a complaint on Bodycote's behalf in Massachusetts Superior Court in May 2000 against a number of defendants, including the designer and seller of the vessel, the manufacturer of the steel used in its fabrication, and the water treatment company that had prescribed and sold the corrosion inhibitor used in the water that cooled the outside of the vessel. After several years of protracted discovery, including dozens of depositions, Bodycote resolved its claims against all but the water treatment company.

At trial, the Superior Court split the liability and damages portions. During the liability phase, the parties called multiple scientific experts in a variety of disciplines, including metallurgy, corrosion engineering, fracture mechanics, materials science, and microbiology. Bodycote's experts testified persuasively that the defendant's product had caused the vessel to pit, leading to microscopic cracks in the vessel wall that in turn grew and caused a catastrophic rupture. The liability portion of the trial lasted several weeks, after which the jury found for Bodycote on multiple theories, including breach of implied warranty and breach of contract. In the damages phase of the trial, the jury awarded Bodycote more than $18 million.

The defendant appealed, challenging several of the trial judge's instructions to the jury as well as certain of her evidentiary rulings. Rejecting each of the defendant's claims of error, the Appeals Court affirmed the lower court's decision last month. With interest, the total recovery exceeds $30 million.

Lawyers and support staff from Day Pitney's Boston and Hartford offices handled the case from beginning to end. Jim Rotondo and David Broughel tried the case. Jonathan Handler was heavily involved in discovery until the claims against the other defendants were resolved. Allan Taylor briefed and argued the appeal.

SOURCE Day Pitney LLP