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Tyco/Grinnell in Litigation
The FPC has reviewed files on hundreds of Grinnell's court cases and
presented summaries of these disputes in past issues. The following
pages contain reviews of dozens of additional cases from San Diego, Los
Angeles, and Sacramento, California, as well as from Ohio and Michigan.
Previous issues have summarized Grinnell's court disputes in Nevada,
Oregon, Kentucky, and other urban California Counties.
- Rothschild V. Tyco, Others (1999)
- All purchasers of piped water in San Diego and other
California Counties are suing in this class action
complaint. It charges that Grinnell's parent company, Tyco,
through its subsidiaries, "...disregarded adherence to
multiple standards legal and statutory requirements in order
to gain an advantage over competitors and victimize the
consuming public including its governmental surrogates
through a nefarious scheme to enhance profits and gain
revenue through the premature replacement of defective
products. ...defendants cheat(ed) on the copper content of
the components in order to substitute cheaper materials."
According to this suit, the City of Los Angeles, alone,
purchased about 300,000 substandard valves! Over two-thirds
of the defendants parts failed to conform to contract
specifications. The defendants also used 40% more lead than
allowed under applicable water standards, creating a
prospective public health hazard.
- Hospice Of Southwestern Michigan V. Grinnell
- A fire swept through this hospice, killing Jessie Newsome,
Mattie Lake, Luana Teramino, and Richard Smith, and injuring
another patient. This complaint charges that: "Grinnell
failed to adequately monitor and/or test the smoke detection
sprinkler system/fire detection system...whereby the detectors
provided no warning to the staff, where an earlier warning
would have permitted the staff to perform additional steps
necessary in defending the patients against the fire.
Grinnell improperly, negligently failed to monitor and/or
test the sprinkler system, smoke and alarm system, and
detection system within Southfield Rehabilitation
Institute...the smoke and fire detectors failed to cause the
fire alarm to sound, smoke doors to close, and the sprinkler
system to operate. Grinnell failed to have their work
inspected and/or tested which would have revealed the defect
in the system, which allowed the fire that took the patients
lives."
- Grinnell V. Sandage
- This is another case charging Grinnell with selling faulty
equipment. Action Fire Systems bought sprinkler parts from a
Grinnell subsidiary. But the parts were defective, leaked
and caused floods, and tens of thousands of dollars of
damages, at several of Action's customers. One of Action's
customers, John Goik, was killed in a fire that was caused
by malfunctioning fires sprinklers. Grinnell counter-sued,
seeking the payment for the defective equipment. Grinnell
paid a settlement.
- Grinnell V. Halvorson-Mclaughlin, Cal-Expo, Aerojet,
Others
- Grinnell did work on the world-famous Cal-Expo convention
grounds. But when a water line was broken, Grinnell sued for
the $15,000 it cost for to reconnect the line. Natoma
Construction and others filed a cross-complaint and answer
against Grinnell, charging instead that Grinnell was
negligent, and caused the damages. It stated: "Grinnell was
themselves negligent and inattentive in their installation
of the underground utilities, without first determining the
proper level for such installation, and was negligent and
careless. Their inattention proximately caused the damages."
Grinnell Fire Protection eventually dismissed charges
against two of the defendants.
- Fire Protection Group V. Grinnell
- In 1997, this private civil action against Grinnell for
defective pipes charged that Grinnell's pipes: "...were not
of merchantable quality...the pipe leaked...the pipe could
not pass without objection in (the) trade, were not of fair
or average quality...and were not fit for...ordinary use."
When Grinnell's customers installed the pipe: "The
pipes...developed leaks therefore causing damage to personal
property...the defective pipe appeared not to have gone
through hydrostatic leakage and assembly test(s)...And could
not be used for fire protection systems." In summary, this
private party suspected what has now also been charged in
the massive class action suits against Grinnell/Tyco-the
company has been selling substandard pipe.
- Buckeye Union Insurance And The Macintosh Company Vs.
Grinnell, Gardner Company, Others
- Grinnell and the Gardner Company performed renovation work
at the Macintosh Company, and because of their negligence, a
water pipe ruptured, causing thousands of dollars in
damages. Gardner Company's defense included charges that the
damages were caused by the acts and omissions of Grinnell.
- Pacific Ridge V. Grinnell, Others
- This condo owners association sued Grinnell and others for
over $500,000 because their units were: "not of merchantable
quality and are experiencing the following construction
failures and deficiencies: drainage systems have failed,
causing water to flow into and to damage
units...waterproofing systems have failed... heating
ventilation, and air conditioning systems are
inadequate...electrical and lighting systems are failing...
the plumbing systems are failing..."
- Administrative Action: Grinnell Risking Disbarment In The
State Of Washington
- In an order dated December 21, 1998, the State of Washington
recently affirmed that Grinnell had violated State wage
laws. Grinnell failed to comply with the State's Department
of Labor and Industries regulations pertaining to wages at a
Spokane area construction job at JFK College. The
affirmation against Grinnell goes on the State's "strike
log" against Grinnell, meaning that if the company has just
one more violation of the wage laws, Grinnell will be banned
from bidding on public works jobs for one year. Grinnell
failed to appeal the ruling, and also owes a $500 fine to
the State.
- Grinnell V. A.O. Reed
- Grinnell was a subcontractor to A.O. Reed, hired to install
an automatic sprinkler system and related plumbing at the
Miramar Naval Air Station near San Diego. This suit charges
the water main burst at a point where a Grinnell-installed
pipe connected to another pipe. The parking lot was damaged
and Grinnell refused to pay for the damage. A.O. Reed
deducted the costs from its payment to Grinnell, so Grinnell
sued.
- City Central Of San Francisco Homeowners V. Grinnell,
Others
- This involved the construction of 49 units of condos at
1110-1160 Eddy Street. The disgruntled tenants sued Grinnell
and others, charging defective construction, and alleging
$3.5 million in damages. Grinnell became mired in this
litigation due to their takeover of a fire protection
company called "Stop Fire," who was involved in this
project. This case is pending.
- Gordon V. Grinnell
- Gordon's operated Robert Paul Fine Jewelry. In 1996, this
shop suffered over $24,000 in damages when a fire sprinkler
system next door leaked and flooded the store. His complaint
charged that Grinnell negligently and defectively installed
and maintained the defective fire protection system.
- Gonzalez V. Grinnell, Others
- In the first half of 1999, Richardo Gonzalez was severely
injured when a high pressure fire sprinkler system exploded
at the United House of Prayer. This case is currently
pending.
- La Jolla Commercial Associates V. Grinnell, Others
- Grinnell and others designed and constructed an overhead
fire protection system for an office building. This suit
charges, Grinnell acted negligently, and the system failed
to meet the building codes.
- Burgos V. May Department Stores, Grinnell Others
- Silvia Burgos was hit on the head by falling ceiling tiles
at the May Department Store. Her 1998 suit charges that
Grinnell negligently maintained the premises.
- Grinnell V. Marriot, Others: Grinnell Is Paid $12,000 Over
The Original Bid, Sues For Another $121,703
- Grinnell was a subcontractor, who installed an automatic
sprinkler system at the La Jolla Marriot. Grinnell's
contract with the general contractor was for $332,000.
Grinnell was paid $344,970, but Grinnell wanted another
$121,703. So Grinnell sued Marriot, who was the customer,
along with the general contractor.
- Grinnell V. Equity Expansion, Others: Grinnell Goes 20% Over
Bid
- Grinnell installed a fire protection system for Equity that
was supposed to cost $25,544. But it cost $32,495. When
payment was slow, Grinnell liened the property, and sued
both Equity and Chicago Title.
- Grinnell V. Elbert Building: 50% Overrun
- Grinnell sued its own customer, but Elbert Building
countersued Grinnell in May, 1998, charging that Grinnell
ran $13,485 over its bid on a $25,235 job! That's a 50%
overrun.
- Grinnell V. Kajima, Ana Hotels
- Grinnell filed a lien against the property of, and sued its
own customer, an owner in the lucrative San Francisco Hotel
industry, disputing a $38,000 debt. The case went to
arbitration. The FPC wonders why a construction company
would sue its own customer, and then go to arbitration,
rather than trying to work out the problem with an
arbitrator at the beginning. The FPC found other court cases
by Grinnell against its San Francisco clients, including the
Hyatt Hotels, but the FPC was unable to obtain details by
press time.
- Grinnell Supply V. Kaiser Hospital
- Grinnell Supply was owed $59,000 when California West Fire
Protection went bankrupt, for pipe that Cal West used on a
Kaiser Hospital job. Although Grinnell's problem was with
Cal West, Grinnell filed a lien against Cal West's customer,
Kaiser Hospital.
- Grinnell Fire Protection V River City Inc., Money Store,
Natomas, Southern California Water, Others
- Grinnell liened and sued customers and tenants of a shopping
center for $36,000 for installation of a fire extinguisher
system on a mall at 11363 Folsom, in Rancho Cordova. In
their answer, the other parties charged: "Grinnell Fire
Protection failed to mitigate their damages...the suit would
result in unjust enrichment for Grinnell Fire
Protection...the suit is barred by the statute of
limitations."
- Dosdourian V Grinnell
- Dosdourian worked for Grinnell for 18 years, but was fired
in breach of his employment contract, and did not receive
his separation pay.
- County Of San Diego V . Grinnell, Others
- The County had a remodeling job, but Grinnell and others
hit the County with stop payment notices that totaled more
than what the County owed the general contractor. The County
sued Grinnell and others, to sort out who owed what.
- Bookspan V. Tyco, Others
- Henry Bookspan sued Grinnell's parent company, Tyco, and
others, for $10 million in this construction defects case.
- Grinnell V. Peck/Jones Construction, Others
- In 1997, Grinnell installed a fire system at 6380 Wilshire
Boulevard, Los Angeles, as a subcontract to Peck/Jones, but
claimed they were still owed $138,678. They sued Peck/Jones,
and liened the property of the hapless construction
customer.
- Grinnell V. Starlet International, Others
- Grinnell did work for Starlet on Guam, and was owed $36,406.
So Grinnell sued.
- Grinnell V. Corporate Builders
- Grinnell did work for Corporate, and was owed $13,379, so
Grinnell sued.
- Grinnell V. Fire Sprinkler Specialties
- Grinnell did work for Fire Sprinkler Specialties, and was
owed $25,878, so Grinnell sued.
- Grinnell V. Promotional Marketing
- Grinnell did work for promotional marketing and was owed
$43,616, so Grinnell sued.
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