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Litigation |
| In another case, an insurance company won an $83,436
judgment against Grinnell in a case involving a failed fire protection
system, this time at a nursing home. Another insurance company, this time
in Michigan, sued Grinnell charging that their fire protection system had
activated, but failed to operate properly causing the system’s pipes to
burst, and to flood the building.
Medi-Flax Medical Products sued Grinnell, charging that a Grinnell owned
company had negligently installed and maintained a fire sprinkler system
that had flooded its El Paso storage facility.
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In another court suit, a sprinkler system failed
causing a flood at an Indiana company after Grinnell installed a
defective fitting. |
In another court suit, a sprinkler system failed causing a flood at an
Indiana company after Grinnell installed a defective fitting. Grinnell
claimed the failed fitting was not their fault.
In Alaska, a worker sued Grinnell over injuries she said she suffered
when gasses were released from a fire protection system while Grinnell was
inspecting it.
An environmental inspection of a property revealed that a Grinnell owned
company had spilled high levels of toxic materials, causing levels of
contamination that even exceeded the standards in Texas.
A real estate developer sued Grinnell for fraud in Texas, charging that
the company had damaged his reputation after a Grinnell backed project
floundered.
Also in Texas, Grinnell sued two persons for embezzling almost $500,000
from the company.
Still in Texas, a contractor charged that a Grinnell operated backhoe
damaged electrical conduits on one of his jobs.
In California, an experience Grinnell employee charged that Grinnell
fired him as retaliation for complaining about a violation by Grinnell.
Given the history of fire sprinkler failures on systems installed and
supplied by Grinnell/Tyco and their affiliated companies, the FPC wonders
how many of the court suits in which Grinnell is suing its customers are the
result of substandard systems supplied and installed by Grinnell.
The following are several examples of Grinnell suing and being sued by
its own customers or fellow contractors, and its own employees. In some of
these cases, there is plain evidence that Grinnell installed defective fire
protection system. In other cases, it is often not possible to establish the
details of these causes of action. The FPC does not charge that all of these
suits are related to defective work or parts supplied by Grinnell, unless
stated in the case description.
In any event, the FPC is very concerned about Grinnell’s proclivity to
litigate. In the FPC’s opinion, court suits are ruining the construction
industry and Grinnell, by itself, is implicated in almost 2000 court suits,
according to the FPC’s continuing count. The FPC continues to provide
details on Grinnell’s litigation history as new court suits are discovered,
because we believe this information could be important to every customer,
client, subcontractor, and employee of Grinnell. Here is the latest batch of
litigation that FPC has uncovered. |
Medi-Flex Hospital
Products, Inc. V Grinnell Fire Protection System, Others
Big Flood from a Fire Protection SystemIn February 2000 Medi-Flex
Hospital Products sued Grinnell, because the failure of the fire protection
system’s pipes caused a "vast amount of water" to inundate Medi-Flex’s
facility, damaging the building, and their business products and inventory.
In other words, the place got soaked. Medi-Flex had to dispose of a large
part of their water-damaged inventory, because the laws do not allow use of
water-damaged health products. According to the lawsuit, they claimed losses
in the neighborhood of $166,000.
The suit charged that the fire protection system was defective and
unsafe, and prone to breakage, and inherently dangerous. Specifically, a
defective Tee-section had been installed, and had slipped off a pipeline,
causing the system to break. Grinnell had merged with Sun City Fire
Sprinkler Systems, who had originally installed the system. (Case #2000-554)
Bissell
Enterprises V Grinnell Fire Protection
Grinnell Spills Toxic Wastes, Pollutes Industrial Site
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Bissell sued Grinnell for over $50,000 to cover the
costs of the damaged property and the toxic clean up. |
Bissell owns several commercial buildings in El Paso, Texas.
One of their tenants was Grinnell Fire Protection. In March 2000, Grinnell
moved out. Bissell received several nasty surprises when they inspected the
property, including over $14,000 in damages. That was small change compared
to what Bissell discovered when they investigated some discolored soils on
the outside lands that Grinnell had leased. According to court documents,
"When (Bissell) inspected the Leased Premises prior to Defendant Grinnell’s
departure, Plaintiff noticed soil discoloration and other evidence that
Defendant Grinnell had environmentally contaminated the premises ...
Plaintiff hired an environmental firm ... Substantial environmental
contamination was discovered that exceeded environmental regulatory limits,
including xylenes and total petroleum hydrocarbons."
In other words, Bissell discovered their rental property was
grossly polluted with toxic wastes, including toxic solvents and
hydrocarbons levels over 10 times the permitted amounts by Texas
regulations!
Bissell had to spend another $36,444 to inspect, test, and
clean up Grinnell’s toxic mess. Bissell sued Grinnell for over $50,000 to
cover the costs of the damaged property and the toxic clean up. (Case
#2000-4049)
Grinnell
Fire Protection Systems Company V Sepco Industries, Inc., Ameron
International Corporation, Others
Grinnell installed leaking pipes and fittings on an offshore
oil rig. In response, Grinnell sued its pipe and fittings supplier, and the
supplier sued their own insurance company to cover the alleged damages,
according to the filed lawsuit. (Case #538-963)
Grinnell
Corporation V Pro-Tect Systems, Inc & Tim Lowe
Tim Lowe had been in the Dallas area fire protection business
for 25 years and developed a reputation for expertise. In fact, oil giant
Mobil offered him a deal to install fire protection equipment in Equatorial
Guinea, for well over $1.7 million. A contract of that magnitude should have
propelled Lowe into the upper echelons of the fire protection industry.
According to court documents what happened instead was that he was filing a
counter-claim against Grinnell for breach of contract and fraud. At the same
time, Grinnell approached Pro-Tect about installing a fire alarm system in
the Overton Building in Forth Worth, Texas. Pro-Tect offered Grinnell a
proposal to install a core fire alarm system and then installed the system.
During that time, Grinnell bought out Lowe, and he became a Grinnell
employee. The motive for Grinnell’s buy-out of Pro-Tect was to garner the
huge Mobil fire protection contract.
But according to Lowe’s court suit, as soon as Grinnell got its
clutches on the Mobil contract, it forgot about its obligations to pay 10%
of the Mobil contract awarded to Lowe’s company. According to Lowe, Grinnell
made "false and fraudulent" claims to him as an excuse to delay payment.
Then Grinnell paid him $28,806 less than what he was owed.
Grinnell refused to pay a finders fee to a company that had
brought Pro-Tect and Grinnell together. Finally, Grinnell fired Lowe before
it had to pay him the second half of his bonus for the Mobil contract.
Grinnell also stiffed Lowe out of some of his bonuses. And adding insult to
injury, Grinnell refused to pay Pro-Tect the final $17,000 for their work on
the Overton project, according to Lowe’s cross-complaint. Besides, Lowe
claimed, Grinnell still owed him money on two other contracts, for a grand
total owed by Grinnell of $177,000 to Lowe. (Case #00-03485 & 00-03485-C)
Javier Vazquez
Valles V Tyco International, Inc., Grinnell Corporation, Others
Grinnell/Tyco Charges with Fraud, Conspiracy in Privately Filed Civil
Case
Javier Vazquez Valles was a real estate developer is southwest Texas with
big plans to for some new apartment and office buildings in Juarez and
Monterrey, Mexico. In the fall of 1998, an assistant vice president from
Grinnell’s parent company, Tyco, approached Valles and offered to help with
obtaining financing of his projects. Valles begin recruiting tenants such as
Peat Marwick, the international accounting firm now known as KPMG, based on
Tyco’s offerings. Abruptly in January of 1999, Tyco bailed out of the
projects. Valles was left out to dry, looking like a fool. He sued Tyco and
Grinnell, for fraud because of his lost expenses and the damage to his
reputation caused by the failed deal. According to court documents, he
charged that Tyco/Grinnell: "Fail(ed) to properly supervise its employees,
representatives and agents, ... misrepresent(ed) the ability and capability
of (Tyco/Grinnell) to provide certain services, ... and other acts of
negligence ... (Tyco/Grinnell) ... have engaged in a conspiracy to defraud
and commit torts against the Plaintiff." (Case #2000-3351)
Monroe Guaranty
Insurance Company V Grinnell Corporation, Others
Broken Pipe on a Fire Protection System Floods a Nursing Home
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result of the property damage, Monroe Guaranty Insurance Company won an
$83,436 judgment against Grinnell. |
This case began with a narrowly averted tragedy, this time at the
Community Multicare Center Nursing Home in Fairfield, Ohio. This time, the
complaint against Grinnell’s failed fire protection system arose not from a
fire, but from a deluge of water from broken piping. According to the
lawsuit, the elderly tenants of this nursing received quite a shock in
January 1999 when the overhead sprinkler system froze and burst, because the
system was not properly drained just three months earlier during an
inspection. As a result of the property damage, Monroe Guaranty Insurance
Company won an $83,436 judgment against Grinnell. Grinnell appealed the
judgment, after first failing to provide a defense. (Case #CV2000-09-2085)
Alaska General
Alarm, Inc. V Grinnell Corporation
Injuries from Release of Gasses from Fire Protection System
Cheryl McIntyre, Yvonne Dann, and Morgan Coggswell were injured by a
release of halogen gas from a fire protection system at the Anchorage,
Alaska Court House. The incident occurred while Grinnell and Alaska General
were examining the system because of recent false alarms. The injured people
sued Grinnell Corporation, who in turn sued Alaska General Alarm asking them
to pay part of the damages, according to original lawsuit. (Case #S-8318)
Grinnell
Corporation V Rockwell Construction Corporation of Texas
Rockwell Construction originally agreed to pay Grinnell $51,000 to
install a sprinkler system at a Home Depot store in Irving, Texas. Then the
change orders started stacking up. Even though Grinnell was paid over
$57,000, Grinnell claimed that because of change orders they were owed
$94,000. So Grinnell sued for another $39,000 on April 6, 2000 according to
court documents. This is just one of many Grinnell court cases, in which
change orders have inflated the project price and litigation was the result.
(Case #00-02656) |

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