On September 24, 2021, HP Inc. (“Plaintiff”), represented by Christopher G. Betke of Coughlin & Betke, LLP, filed a product liability lawsuit against TÜV Rheinland of North America, Inc. (“TÜV” or “Defendant”), seeking judgment against Defendant and any other relief the court deems just for the alleged failure of the defendant to warn the plaintiff about the Generator. This case was filed in the United States District Court in the District of Massachusetts.
In the complaint, the plaintiff alleged that, “On or about March 22, 2018, William Cox sustained injuries as a result of a hydrogen generator explosion at Plaintiff’s facility in Corvallis, Oregon (“incident”)” and “Upon information and belief, at the time of the incident, Cox was an employee of Proton Energy Systems, Inc. (“Proton”). Cox was commissioning an H Series 6 Hydrogen Generator (“Generator”), which was built by Proton for use at Plaintiff’s facility.”
The plaintiff further alleged that, “The Generator incorporated two condensate drain traps designed and manufactured by Spirax Sarco, Inc” and “Spirax’s condensate drain traps were defectively designed, defectively manufactured, unreasonably dangerous in a manner that allowed the leakage/emission of hydrogen and did not contain any or adequate warnings of the potential danger of hydrogen.” The Plaintiff alleged that, “Spirax’s condensate drain traps were not suitable for use with a highly flammable and volatile gas such as hydrogen” and “Spirax’s defective condensate drain traps directly and proximately caused the incident.”
The plaintiff also alleged that, “Proton entered into a contract with TÜV for the testing and certification of the type of Generator at issue in this case” and “pursuant to their contract, Proton and TÜV intended TÜV to assume a direct obligation to Plaintiff. Both Proton and TÜV knew that certification by an entity such as TÜV would be necessary for Plaintiff to purchase and use the Generator.” The Plaintiff also alleged that, “The Generator, complete with Spirax’s condensate drain traps, was certified by TÜV as meeting applicable standards, including ISO standards” and “Plaintiff relied upon TÜV’s expertise and certification of the Generator in purchasing the Generator from Proton” and “TÜV failed to provide adequate testing and proper certification for the Generator and, as a result, directly and proximately caused the incident.”
There are two claims of relief laid down by the plaintiff. The first claim is for the alleged Third-Party Beneficiary Breach of Contract Against Tüv Rheinland of North America, Inc. because Proton and TÜV allegedly intended TÜV to assume a direct obligation to Plaintiff, Plaintiff is a third-party beneficiary of the contract between Proton and TÜV. The second claim is for the alleged Contribution Against Tüv Rheinland of North America, Inc. as Cox’s injuries were caused due to the alleged improper certification of the Generator by the Defendant.
In its prayer for relief, the plaintiff requested the court for judgment against the defendant TÜV Rheinland of North America, Inc., and for such other relief as the court may deem just and equitable.
This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.
Pending - Other Pending
TUV Rheinland of North America, Inc.
Christopher G. Betke
Attorney at Coughlin & Betke, LLP
Suite 1450, 175 Federal Street
Boston, MA 02110
Civil Action Cover Sheet
Docket(#1) COMPLAINT and Jury Demand against TUV Rheinland of North America, Inc. Filing fee: $ 402, receipt number AMADC-8975346 (Fee Status: Filing Fee paid), filed by HP Inc.. (Attachments: #1 Civil Action Cover Sheet, #2 Category Form, #3 Summons)(Betke, Christopher) (Entered: 09/24/2021)Read MoreRead Less
Get Deeper Insights on Court Cases