Garcia Rainey Blank & Bowerbank LLP, Attorneys in Orange County


Attorneys John E. Bowerbank, Jimmy Chen, and Hugo A. Lopez Obtain A Dismissal Of A Lawsuit Where The Plaintiff Sought Substantial Monetary Damages Against the Firm’s Reseller Clients Involving An Allegedly Defective Pipe That Was Sold in the Stream of Commerce

August 18, 2023

John Bowerbank, Jimmy Chen, and Hugo Lopez represented clients who were U.S. resellers of plumbing pipes that were manufactured in China and Taiwan.  One of the clients’ pipes was allegedly sold and installed in a homeowner’s residence in Southern California.  The pipe allegedly burst causing over a half of million dollars in water damage at the homeowner’s residence.  The homeowner’s insurance carrier covered the claim that resulted in the carrier paying over a half a million dollars to repair the residence.  Thereafter, the insurance carrier filed a sizable subrogation lawsuit against the firm’s clients to recover all of the monies the insurance had paid to repair the residence.  The firm vigorously defended the subrogation complaint.  Also Mr. Bowerbank, Mr. Chen, and Mr. Lopez filed a cross-complaint for indemnity against the pipe manufacturer. 

The firm also filed a motion for summary judgment/adjudication to dispose of the carrier’s claims against the firm’s clients.  While the motion was pending, the insurance carrier voluntarily dismissed the entire complaint for a “walk away” where the firm’s clients paid nothing.  Even better, the firm was able to negotiate a settlement with the pipe manufacturer on the indemnity cross-complaint whereby the pipe manufacturer reimbursed the firm’s clients to partially pay for legal fees incurred by the firm’s clients. 

Needless to say, the firm’s clients are ecstatic about the result.