Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Allstate Indemnity Co. v. Genova Products, Inc.

Superior Court of Delaware

August 15, 2017

ALLSTATE INDEMNITY COMPANY, Plaintiff,
v.
GENOVA PRODUCTS, INC., Defendant.

          Submitted: July 12, 2017

          ORDER

          Jan R. Jurden, President Judge

         Upon consideration of Defendant's Motion for Summary Judgment;[1]Plaintiffs Response;[2] Defendant's Reply;[3] and the record in this case, IT APPEARS THAT:

         1. This case is a subrogation action brought by Allstate Indemnity Company ("Allstate") against Genova Products, Inc. ("Genova").[4] Allstate indemnified its insured for property damage allegedly caused by a faulty "CPVC tee fitting" manufactured by Genova.[5] Allstate seeks monetary damages from Genova for negligent manufacturing.[6]

         2. Allstate alleges that the CPVC tee fitting on a pipe in its insured's house failed, causing a large amount of water to leak into the home, damaging the insured's realty and personal property.[7] As part of its investigation, Allstate submitted the CPVC tee fitting to The Madison Group Plastic Consulting Engineers for analysis, and Antoine Rios, Ph.D. of The Madison Group issued a letter opinion, which states, in pertinent part:

[The] CPVC pipe assembly [consists of] four straight sections, two union fittings and a tee fitting. The tee fitting shows two longitudinal cracks along the expected location of the weld line. The weld line is an inherently weak area created during manufacturing. The external visual examination of the fitting appears to indicate that cracking was facilitated by a weak weld line, which would be considered a manufacturing defect.[8]

         The allegedly defective weld line forms the basis of Allstate's claim of negligent manufacture against Genova.[9]

         3. In the instant Motion, Genova argues that it is entitled to summary judgment because Allstate's expert report is "not an opinion to a reasonable probability" and is, therefore, inadequate as a matter of law.[10] Additionally, Genova argues that summary judgment is warranted because Allstate has failed to timely respond to discovery.[11]

         4. Allstate opposes Genova's Motion on the basis that it is "premature as Allstate's deadline to produce a rebuttal expert report has not yet passed [as of the date of Allstate's Response to Genova's Motion] and discovery does not close until [September 8, 2017]."[12]

         5. Because Genova's Motion relies in part on Allstate's alleged failure to timely respond to discovery, some background is necessary. Allstate filed its Complaint on February 4, 2016. In the original Trial Scheduling Order, trial was scheduled to begin December 4, 2017, with discovery deadlines scheduled as follows: Allstate's expert report, September 9, 2016; Genova's expert report, November 9, 2016; Allstate's expert rebuttal report, January 9, 2017; and discovery to be initiated such that it will be completed by March 8, 2017.[13]

         6. On February 14, 2017, less than a month before the discovery cut-off, the parties submitted a Stipulation and [Proposed] Order stating "the parties have spent considerable time and effort attempting to resolve this matter, settlement discussions have recently broken down and the parties have now conferred and desire to amend the Court's Trial Scheduling Order."[14] The Court signed the Stipulation and Order, setting new discovery deadlines as follows: Allstate's expert report, March 17, 2017; Genova's expert report, May 19, 2017; Allstate's expert rebuttal report, July 14, 2017; and discovery to be initiated such that it will be completed by September 8, 2017.[15]

         7. On March 9, 2017, Genova sent Allstate a set of interrogatories and a set of requests for production of documents.[16] By March 17, 2017, Allstate's expert report deadline, Allstate had not submitted a new or amended expert report, leaving Dr. Rios's letter opinion as Allstate's expert report on causation.

         8. In April, Allstate requested an extension to May 12, 2017, from Genova to respond to Genova's interrogatories and requests for production of document.[17]Genova agreed.[18] Despite agreeing to a May 12, 2017 discovery extension, Genova did not submit a motion to amend Genova's May 19, 2017 expert report deadline, and the record does not reflect that Genova requested that Allstate informally agree to an extension of Genova's May 19, 2017 expert report deadline. Genova's failure to request an extension of its expert report deadline is notable because Genova's interrogatories seek information that Genova now claims is necessary to the formulation of a "qualified opinion as to causation in this matter."[19]

         9. By May 12, 2017, Allstate's deadline to respond to Genova's March 9, 2017 discovery requests, Allstate had not responded.[20] Genova did not move to compel or seek sanctions under Rule 37.[21] Instead, on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.