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NORTHERN CALIFORNIA RECORD

Tuesday, November 5, 2024

Insurance Program Alleges Negligence Against Water Fountain Manufacturer Over School Property Damage

State Court
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A major insurance entity has taken legal action against two companies, alleging negligence and breach of contract that resulted in significant property damage. The Alliance of Schools for Cooperative Insurance Programs (ASCIP) filed a complaint on July 18, 2024, in the Superior Court of California, County of Santa Clara, against Zurn Elkay Water Solutions Corporation and Ciari Plumbing & Heating, Inc.

The lawsuit stems from two incidents at Union Elementary School District's property located at 5175 Union Avenue, San Jose. ASCIP claims that on September 13, 2021, and June 10, 2023, substantial water damage occurred due to defects in a drinking water fountain manufactured by Zurn and installed by Ciari. The complaint states that these defects led to extensive damage to both real and personal property within the school premises.

According to the filing, ASCIP asserts that Zurn was responsible for constructing, designing, manufacturing, assembling, installing, and selling the defective water fountain. Similarly, Ciari is accused of failing in their duties as a full-service commercial plumbing contractor specializing in public works projects like schools. "The INCIDENT occurred when the SUBJECT FOUNTAIN malfunctioned," reads the complaint regarding the first incident. A second incident saw "the SUBJECT FOUNTAIN leaking from the cooling coil unit," causing further damage.

ASCIP's legal argument includes multiple causes of action: negligence for failing to ensure the product was safe; strict liability for producing a defective product; negligent failure to recall or retrofit the faulty equipment; breach of implied warranty under Civil Code Section 1791.1; breach of contract; and breach of implied warranty of workmanship. They argue that both Zurn and Ciari had knowledge or should have had knowledge about these defects but failed to take corrective actions such as recalling or retrofitting the product.

The plaintiff is seeking compensatory damages exceeding $124,015.31 plus interest at ten percent per annum from the date of payment made under their insurance policy with Union Elementary School District. Additionally, they are asking for any other relief deemed just and proper by the court.

The case is being handled by attorneys Sally Noma and Christina Toroyan from Noma Law Firm A PC. The case ID is 24CV443414 and it will be presided over by judges from the Superior Court of California in Santa Clara County.

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