United Technologies Communications Co. v. Indus. Risk Insurers

501 So. 2d 46
CourtDistrict Court of Appeal of Florida
DecidedFebruary 5, 1987
Docket85-2339, 85-2710
StatusPublished
Cited by8 cases

This text of 501 So. 2d 46 (United Technologies Communications Co. v. Indus. Risk Insurers) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Technologies Communications Co. v. Indus. Risk Insurers, 501 So. 2d 46 (Fla. Ct. App. 1987).

Opinion

501 So.2d 46 (1987)

UNITED TECHNOLOGIES COMMUNICATIONS COMPANY, F/K/a General Dynamics Communication Company, Carlson Construction Company and Liberty Mutual Insurance Company, Appellants/Cross-Appellees,
v.
INDUSTRIAL RISK INSURERS and Mercy Hospital, Inc., Appellees/Cross-Appellants.
Carlson Construction Company and Liberty Mutual Insurance Company, Appellants,
v.
United Technologies Communications Company, F/K/a General Dynamics Communication Company, Appellee.

Nos. 85-2339, 85-2710.

District Court of Appeal of Florida, Third District.

January 6, 1987.
As Clarified February 5, 1987.

Philip T. Weinstein and Eliot R. Weitzman, Miami, for appellant/cross-appellee United Technologies Communications Company.

Lanza & O'Connor and Stephen E. Tunstall, Coral Gables, for appellants Carlson Construction Company and Liberty Mutual Insurance Company.

Gaebe & Murphy and Michael J. Murphy, Coral Gables, for appellees/cross-appellants Industrial Risk Insurers and Mercy Hospital.

Before NESBITT and DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

This is an appeal by United Technologies Communications Company[1] (United) from an adverse final judgment entered upon a jury verdict finding that United's negligence in repairing a damaged commercial telephone system in Mercy Hospital resulted in the need for subsequent and more extensive repairs costing Mercy $126,794.15.[2] Our conclusion that this judgment must be reversed with directions to enter judgment for United[3] makes it unnecessary *47 to consider the issues raised by the cross-appeals of Mercy and Carlson Construction Co.[4]

The facts leading up to this lawsuit are as follows. In 1979, Carlson Construction Co. was hired by Mercy Hospital to perform certain alterations on the third floor of the hospital. The construction was intended to accommodate a new telecommunications center to house equipment to be installed by United. In the process of the construction, Carlson's employees drilled several holes in the floor above the telecommunications center, negligently leaving one of them — located in a utility closet — uncovered when the construction ended.

Misfortune struck on a Sunday morning in March 1980 when a Mercy employee, cleaning the floor of the utility closet above the telecommunications center, allowed cleaning fluid containing phosphoric acid to drip through the unfilled hole directly onto the main frame of the telecommunications system. Almost immediately, printed circuit cards were shorted, many of the cards' components were "blown off," the control frame was noticeably damaged, and the hospital's telephone system was rendered inoperative. United was called to restore service as quickly as possible. Working around the clock, United employees had the telephone system temporarily operational by the following day. By the end of the week, after performing the extensive testing necessary to complete the emergency operation, the system was operational and the immediate crisis was over.

During the next several months, a number of problems developed in the equipment. Employees of Wescom, the manufacturer of the equipment, conducted tests of the equipment and in July 1980 concluded that the phosphoric acid solution that had leaked onto the equipment had caused extensive corrosion to key parts of the system and that replacement of the frames was required. In September 1980, United replaced the frames at a cost of $126,794.15, for which it billed Mercy. Mercy's insurer paid Mercy pursuant to its right of subrogation and, joined by Mercy, sued United and Carlson. The theory of the action against United was that United's failure to properly clean the telecommunication system at the time of the March 1980 acid leak was the cause of the ultimate corrosion and the need to replace the frames six months later in September 1980.[5]

The plaintiffs' contention that United was negligent was bottomed entirely on the testimony of one person, Harold Sanders. It was Sanders, permitted to testify over United's objection that he was not qualified to give an opinion on the matter in issue, who alone opined that if the equipment had been cleaned properly at the time of the March 1980 incident, it would not have required replacement in September 1980. All other witnesses called upon to address this same question testified that the damage done by the leaking phosphoric acid was irreversible, that is, that no amount of cleaning could have prevented the ultimate damage and that replacement of the frames was inevitable once the phosphoric acid hit.

It cannot be seriously disputed that the question of whether the ultimate damage caused by the leaking phosphoric acid could have been prevented by proper cleaning at the time of the March 1980 incident is not *48 one capable of being resolved by a jury without the aid of expert testimony. Thus, essential to the plaintiffs' case against United was that the opinion testified to by their expert provide a sufficient basis for the jury's verdict in the plaintiffs' favor and that their expert be qualified to render such an opinion. We will now examine this aspect of the case.

Hal Sanders is a consulting engineer who works for his own company. He conducts accident and loss investigations for independent loss adjustment firms specializing in fire protection and general loss analysis. Sanders' main area of concentration is combustion and explosion and the storage of chemicals, "basically in relation to fires." He described the type of work his company performs as emphasizing loss prevention rather than loss analysis — for instance, fire protection design. Sanders is a registered engineer and a member of several professional organizations mostly dealing with fire protection.

Sanders was hired by an adjustment bureau for Mercy's insurance carrier in September 1980, after United had recommended and installed new control and power frames and replaced some cards. The parts that had been replaced were still available for inspection. Sanders took photographs and scrapings from the old power and control frames. According to Sanders, the litmus paper test he performed on the scrapings showed acid in some places and base in others. Sanders testified that the deterioration was primarily from the acid spill and, to some lesser extent, from material used in the cleanup.

Over United's objection, Sanders was asked how the initial spill's cleanup in March 1980 should have been conducted in order to wash the acid off the frames and cards. He opined that the proper method would have been to flush the acid and salts away, first with a distilled water and detergent solution, then with a water and alcohol solution, and then to dry the cards or frames with an infrared heat lamp. In regard to his suggested method of cleaning, Sanders admitted that he had not done tests to support his conclusion. He said that in 1969, plastic insulation on wiring caught fire in an RCA computer plant, exposing the computer to large amounts of smoke-produced hydrochloric acid. The computers that were not burned in the fire were successfully cleaned in accordance with the procedure described by Sanders. He was thus convinced that his method would work and was of the opinion that the difference in acids was immaterial.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Vega v. State Farm Mutual Automobile
45 So. 3d 43 (District Court of Appeal of Florida, 2010)
Orpe v. Carnival Corp.
909 So. 2d 929 (District Court of Appeal of Florida, 2005)
Nash v. General Motors Corp.
734 So. 2d 437 (District Court of Appeal of Florida, 1999)
Goodyear Tire & Rubber Co., Inc. v. Ross
660 So. 2d 1109 (District Court of Appeal of Florida, 1995)
UNITED TECH. COMMUNICATIONS CO. v. Carlson Constr. Co.
583 So. 2d 1110 (District Court of Appeal of Florida, 1991)
Smithson v. VMS Realty, Inc.
536 So. 2d 260 (District Court of Appeal of Florida, 1988)
Herise v. Tatum, Gomez, Smith & Vitale Construction, Inc.
509 So. 2d 988 (District Court of Appeal of Florida, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
501 So. 2d 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-technologies-communications-co-v-indus-risk-insurers-fladistctapp-1987.