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FIRE PROTECTION COMMENTS SimplexGrinnell/ Tyco
Issue No. 11

July 2003

FPC
p e r i o d i c a l
A Public Service Provided By: 
LASER, INC. (
Legal And Safety Employer Research)

Grinnell loses multi-million dollar verdict: Pennsylvania jury rules that defective sprinkler system was responsible for millions in damages in document warehouse fire

In February, two jury verdicts assessed millions in damages against Grinnell for the failure of a Grinnell Fire Protection Sprinkler system at the Diversified Records documents warehouse in West Pittston, Pennsylvania. These judgments are only the most recent of scores of civil suits against Grinnell alleging failure of their fire protection systems.

Diversified Records had maintained a warehouse in West Pittston, Pa. that was responsible

sprinkler system failed to protect the warehouse and the documents. Over 800,000 boxes of records were destroyed.

According to court testimony, Grinnell had caused damage to the Diversified Records facility in the past. Rather than correct the situation and act more safely in the future, Grinnell simply chose to shut down the sprinkler system in two parts of the Diversified Records facility. And in another part of the records warehouse, the Grinnell sprinkler system was for the safekeeping of priceless financial records of numerous companies. The company sought to fulfill its responsibility by hiring who they thought were the most skilled professionals to design and construct a safe warehouse and the best fire protection system that money could buy.

Unfortunately, Diversified Records had contracted with Grinnell to design and install the fire sprinkler system. When a fire leveled the warehouse in May 1997, the Grinnell fire protection

their losses. Other civil trials are still pending, including a New York City trial involving the destroyed documents belonging to the Brooklyn Hospital Center.

Grinnell May Be Out $40 Million in Defective Fire Sprinkler Suit

According to published accounts, Grinnell may be on the hook for the entire $40 million in judgments awarded so far. A reported settlement between inadequately sized for protecting that area from fire, according to Pat Dougherty, Diversified Records’ attorney. "It couldn’t do what they said it could do," charged Dougherty.

Many of Diversified Records customers sued for damages over their lost business records. The first large awards went to Mobil Oil and First Union Bank to cover Diversified Records and Grinnell stated that not only is Grinnell to pay $1.675 million to Diversified Records and its insurance carrier, but if any of the juries found Grinnell even partly at fault, then Diversified Records was not liable for any of the damages. Since the juries found that Grinnell was 40 percent at fault, under the published terms of the settlement, Grinnell is liable for the entire $40 million in adverse judgments rendered so far. (Case #2953-C-1999)
 

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