The Travelers Indemnity Company v. Malcolm Pirnie, Inc.[2005 CV 00989]
Court:Portage County Court of Common Pleas
Judge:John A. Enlow
Date of Trial:
Facts:This was a subrogation claim brought by the Travelers Indemnity Company for extensive flooding that occurred at the City of Akron Water Plant, which is located in Portage County, Ohio. The Travelers Indemnity Company claimed that Malcolm Pirnie, a consulting engineering firm, was negligent in the design of a water level transmitter. The device failed, causing extensive flooding damage at the water plant.
Injury/Damages:The Travelers Indemnity Company paid $600,000 as a result of the damage to the water plant.
Non-medical Experts:Eugene D. Moe, P.E. Steven Yakimow, P.E.
Medical Experts:Does not apply
Lowest Demand:$400,000
Highest Offer:$250,000
Jury Verdict:$152,000
Percent of Comparative Negligence:Plaintiff 49% Defendant 51%
Net Award:
Plaintiff's Attorney:Paul T. Falk, Falk Metz, LLC, 20 South Clark Street, Suite 1900, Chicago, Illinois 60603
Defendant's Attorney:John C. Cubar, McNeal, Schick, Archibald & Biro, LPA, Van Sweringen Arcade, 123 West Prospect Avenue, Suite 250, Cleveland, Ohio 44115
Cleveland Association of Civil Trial Attorneys
Brian P. Riley, President
1301 East Ninth St., Suite 1900
Cleveland, Ohio 44114
(216) 241-5310