Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.
Verdict range $100,000 - $500,000
ARTICLE ID 14380
$________ Plaintiffs claim defendant negligent in installing defective fuel supply line - Fuel oil spills into plaintiffs' home - Damage to home and cost of toxic clean up claimed.
Middlesex
In December of ________, a fuel oil spill occurred in the plaintiffs
home. The spill was extensive, involving approximately ________
gallons of fuel oil, and the plaintiffs contended that it caused
substantial damage to the home. The plaintiffs also contended
that the cleanup of the spill was quite costly. The cause of the
leak was a faulty fuel supply line to the plaintiffs furnace. As
the fuel line had been installed fairly recently (less than three
years prior to the spill) the plaintiffs maintained that there
must have been a defect in the supply line which caused the spill
into their home. The defendant company which installed the fuel
supply line claimed that the plaintiffs had purchased "sour" fuel
from their home heating oil provider and that elements in the
"sour" fuel caused corrosion in the fuel supply line, leading to
its failure. A third party in this case, the fuel oil supply
company was released upon a $________ settlement with the
plaintiffs.
The plaintiffs presented an expert metallurgist who testified as
to the composition of the fuel supply line. The plaintiffs
expert stated that it would be unlikely that contaminated oil
would cause corrosion to the copper tubing fuel line. He
contended that there was a kink in the fuel line which
accelerated corrosion of the copper tubing and ultimately led to
a perforation of the line, allowing fuel oil to flood into the
plaintiffs basement. The plaintiffs also presented as physical
evidence the actual supply line as well as pictures of the
section of the line that had corroded.
The defense asserted that fuel oil can sometimes be contaminated
with caustic agents and thus, can cause unusually rapid corrosion
of fuel lines. The defense put forth that "sour" oil purchased
from the plaintiffs fuel supplier was the origin of the
deterioration of the copper tubing which caused the spill to
occur. To support this contention, the defendant presented an
expert who testified that he did not believe the fuel line to be
kinked. He deemed the cause of the damage to the fuel line to be
contaminated fuel.
The defense also qualified an employee of the defendant company
as an expert, based on his 22 years of experience in the field of
supply line installation. The defense expert testified that he p 7 3
believed bad fuel oil to be the cause of the corrosion of the
supply line. Upon cross-examination, however, the defendants
expert stated that on several occasions, he had disclosed to the
plaintiffs that he believed that the defendant company was at
fault for the spill. The defense expert countered that he was
only guessing when he suggested to the plaintiffs that his
company might be at fault.
The defendant brought into the cause of action the pollution
remediation company. The defendant claimed that poor cleanup of
the oil spill exacerbated the plaintiffs loss. The claim against
the cleanup company was dismissed during the course of the trial.
The jury concluded, based on a preponderance of the evidence,
that the defendant was ________% liable for the necessary costs of
cleanup of the fuel oil which damaged the plaintiffs home. The
jury awarded the plaintiffs $________ for the costs of cleanup
and miscellaneous expenses related to the spill.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.