For those who don’t know, Superior Walls of America, Ltd., is a business that makes concrete molding systems that are used to build the bases of swimming pools for homes. A terrible accident was the start of this lawsuit, but it isn’t a class action one because there isn’t a single Superior Walls Class Action Lawsuit. So, let’s have a look.
A Little Bit About Superior Walls of America, Ltd
Superior Walls of America, Ltd. makes special forms out of concrete for making swimming pools for homes. Though, the models are put together on-site by a group of franchising businesses. Advanced Concrete Systems (ACS), a company that had a lot to do with what happened that led to the lawsuit, is a key player in this case. To make sure that all of its installations are safe and consistent, Superior Walls gives its franchises thorough manuals and directions.
Then What Set Off This Lawsuit?
Keep in mind, we aren’t talking about a Superior Walls Class Action Lawsuit, it is just a lawsuit against this company that is related to an accident way back. A terrible accident happened at the ACS plant in Middleburg, Pennsylvania, on May 2, 2008. Ray Doan, who works for ACS, was working on a Superior Walls mold when an overhead crane’s hook broke. Raymond was killed when a big metal rod fell on him. Brandon Doan, his son, who also worked at the workplace, saw this terrible thing happen. This accident not only caused a lawsuit for wrongful death, but it also made people very worried about the safety of the tools and methods that Superior Walls and its franchises use.
The First Legal Steps
Soon after the accident, Raymond Doan’s estate was represented by Debra Doan, and Brandon Doan also filed a lawsuit for wrongful death and survival in February 2010. They went after several suspects, including Superior Walls, saying that their carelessness led to the deadly accident. According to the terms of its franchise deal, ACS had business general liability insurance that covered Superior Walls as well. At first, Penn National, the insurance company, agreed to cover Superior Walls. But later, they changed their minds, which caused more court problems.
The Legal Battle
Though, in July 2013, Superior Walls filed a declaratory judgment action against Penn National. They wanted to know if the insurance company had to defend and pay Superior Walls’ legal fees in the wrongful death lawsuit. Early on in the case, former President Judge Pamela Dembe said that Penn National had to defend and pay for Superior Walls. However there were still doubts about whether the settlement amount was fair.
What’s More?
At first, Penn National agreed to defend Superior Walls but later changed its mind. It gave several reasons for not covering the case, such as the nature of the accident and how much Superior Walls was responsible. Because of this, Superior Walls couldn’t get insurance, so they had to hire their own lawyers. The claimants asked for $10,000,000 in settlement during a settlement meeting in January 2013. However, Penn National did not give their lawyer permission to negotiate, which caused the talks to break down. Not long after that, Penn National pulled its defenses back, leaving Superior Walls alone.
