Ocean Spray Inc. v. Carr & Duff, Inc.
$40 million in damages claimed for property damage caused by an accidental ammonia release when a fan blade nicked an ammonia line in a refrigeration unit, causing an ammonia release that destroyed millions of pounds cranberries at a facility owned and operated by Refrigeration Food Distributors, Inc. The loss allegedly occurred because of the failure of a refrigeration unit that was recently installed as part of a warehouse expansion project. Carr & Duff was a subcontractor responsible for “bringing the power” to the various refrigeration units and to other aspects of the project. It was found liable, as a discovery sanction, more than a year before our firm’s involvement in the case. A portion of this $40 million case was settled by our client prior to trial, but the remainder went to verdict. Finding of .005% liability; payment of $18.25
