Suit Against Client Dismissed in Response to Discovery Requests

October 26, 2010

Plaintiff Cintas Corporation was unable to articulate the basis of its product liability claims in a suit successfully handled by Robert M. Scherk. The plaintiff purchased a chemical dispensing system, which distributes and blends chemicals into up to twelve different machines at once, built by M&C client Automatic Control Systems, Inc. The machine was originally purchased from Automatic Control Systems by co-defendant Washing Systems, LLC who in turn sold it to Cintas Corporation for use in the industrial laundering of uniforms.

An employee of Washing Systems was servicing a washing machine at the business premises of Cintas Corporation when a leak or spill occurred, allegedly due to a faulty valve in the chemical dispensing system manufactured and sold by Automatic Control Systems. An employee of the plaintiff claimed to have slipped on the chemical spill, allegedly injured himself and collected Workers Compensation benefits. His employer, plaintiff Cintas Corporation, filed a subrogation claim to be reimbursed for the Workers Compensation benefits paid to the injured employee. The suit alleged claims of negligence and breach of contract against co-defendant Washing Systems, and claimed strict products liability against M&C's client.

Mr. Scherk served detailed Requests for Admissions and product liability contention Interrogatories on Cintas Corporation. The plaintiff could not respond to the discovery and rather than attempting to do so, in December of 2009, dismissed its suit against Automatic Control Systems for a waiver of costs.