Koken v. Black & Veatch Construction, Inc.

426 F.3d 39 (2005)

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Nature of the Case

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Facts

A welder with 26 years of experience, was torch-cutting a steel lifting lug while poised on a ladder standing on a plywood platform above the generator. A fire watch was present. The plywood platform was covered by a fire blanket. Pieces of molten slag fell onto the fire blanket covering the plywood platform. The molten slag burned through and melted the fire blanket. A fire was started. The fire was put out, but the corrosive chemicals discharged from the fire extinguisher damaged the generator beneath the plywood. The project was owned by Androscoggin Energy LLC ('Androscoggin') and insured by Reliance Insurance Company (P). Black & Veatch Construction, Inc. (D) was the general contractor. Appellees. The damage to the generator caused an estimated $9 million in repair and delay costs. This incident led to the claims and cross-claims. Ps assert product liability and breach of warranty claims against Auburn and Inpro. Auburn and Inpro assert a variety of defenses and cross-claim against each other and Redco and O'Connor for contribution. Auburn and Inpro moved for summary judgment on the issues of duty and proximate causation, and the breach of warranty claim. The district court granted summary judgment in favor of Auburn and Inpro on each of the issues of duty, breach, and causation. The district court also granted summary judgment on the breach of warranty claim because 'the evidence demonstrates that the blanket performed as expected.' Ps appealed. This brief deals only with the breach of warranty claim.