Legal problems began when
Telephone and Data Systems, Inc. hired North American Mechanical to troubleshoot
and conduct maintenance on their HVAC system, including a pressure check on the
air-handling unit. That fateful day, while conducting the pressure check, North
American Mechanical negligently allowed the massive release of nitrogen gasses
into Telephone and Data System’s offices, causing chaos.
The rolling cloud of nitrogen gasses triggered several of the
subfloor smoke detectors in the Telephone and Data Systems’ com-puter room.
That, "in turn, triggered a 30-second countdown prior to the discharge of a fire
suppressant agent into the computer room." Then the fire alarms sounded. Most of
the company’s employees bolted from their workstations and escaped out the doors
in a panic, thinking they were fleeing a fire.
Meanwhile, the electrical power to the computer room was
switched off and the fire suppressant system discharged all eleven pressurized
tanks of fire suppression agent into the computer room.
After the Fire Department arrived and the nitrogen gasses
cleared, the Telephone and Data Systems’ employees began the tedious
process of rebooting their computers. It took them almost three hours to achieve
system recovery. The company estimated that the "down time" cost their company
$255,500.
The company was then required to refill the fire suppressant
tanks with the active agent, at a cost of $141,349. Telephone and Data Systems
charged in their court complaint:
North American Mechanical was negligent" and "breached its
duty to exercise ordinary care ... by failing to release the nitrogen gas in
a manner which would prevent the formation of the gas cloud which triggered
the fire suppression system.
The court complaint also charged that North American
Mechanical had breached their contract by causing the discharge of fire
suppressant. The court suit asked for $396,849 in damages. (Case #99-CV000047)
