Cor IN THE CIRCUIT COURT OF BRADLEY COUNTY, TENNESSEE ANDREW GOTT and JOANN GOTT, Plaintiffs, v. xo VIS S049 ) ) ) ) } BURCKHARDT COMPRESSION AG aka ) ) ) ) ) ) ) BURCKHARDT COMPRESSION 3 HOLDING AG, BURCKHARDT aye COMPRESSION (US) INC., JOHN DOE 1 a AND JOHN DOE 2 a i a) Defendants. m o COMPLAINT Oo Your Plaintiffs, Andrew and Joann Gott, say: 1. Andrew and Joann Gott are husband and wife and reside in McMinn County, Tennessee. 2. Andrew Gott was employed at all applicable times hereto as an operator at Wacker Polysiticon North America, LLC (hereinafter “Wacker”) at their Charleston, Bradley County, Tennessee plant, 3. Burckhardt Compression AG a/k/a Burckhardt Compression Holding AG (hereinafter “Burekhardt”) is a Winterthur, Switzerland firm specializing in manufacturing, distributing, selling and/or otherwise providing reciprocating compressors. Burckhardt also provides valve reconditioning, spare parts logistics, revamp and upgrade, component repair, field, condition monitoring, and diagnostic, technical support and training services for its products. Burckhardt maintains an assembly facility as a wholly owned subsidiary of Burckhardt Compression Holding AG named Burckhardt Compression (US) Inc. (hereinafter BurckhardtUS) in Houston, Texas. Burckhardt Compression (US) Inc. is a Texas corporation located at 19750 FM 362 Road, Waller, Texas, 77484 (USA). 4, Burckhardt Compression (US) Inc. provides parts and supplies for compressors designed and built by Burckhardt, repair and reconditioning of compressor valves and packing cases for compressors built by Burekhardt and others, revamp/repair of reciprocating compressors to “0” hour conditions or modifications to meet change in demand or service, and engineered valve sizing and turning to meet changing conditions of operation. 5. Jolin Doe 1 and John Doe 2 negligently designed and/or manufactured a piston and/or crankshaft, established metallic content standards, or did not meet the specifications of the purchaser, which acts of negligence caused and contributed to Andrew Gott’s losses and injuries. 6. Upon information and belief, Burckhardt AG and/or Burckhardt US sold compressor to Wacker which was installed with the assistance of Burckhardt US in T-103 compressor room at the Wacker plant in Charleston, Bradley County, Tennessee. 7. 1n2016, anew piston and other revamped parts were installed by Burckhardt AG and/or Burckhardt US as part of a changed and/or asserted upgraded compressor design in the compressor located in T-103 room at the Wacker facility in Charleston, Tennessee. Altematively, John Doe I negligently designed the original or revamped piston for the compressor as the metallic content did not meet the specifications of the purchaser, and/or expected standards for use by Wacker. John Doe 2 negligently manufactured the original or revamped piston which was installed. 8. On September 7, 2017, at approximately 3:47 p.m. there was equipment failure in the T-103 compressor room which was located in the hydrogen recovery building (Building B-156) in the Wacker plant in Charleston, Tennessee. The piston which had been manufactured, installed and/or revamped by the Defendants cracked because of a metallurgical defect. 9. The piston broke, projecting through the cylinder head of the compressor impelling forward through the concrete walls of the T-103 compressor room into the adjacent electrical room which is also referred to as the adjoining variable frequency drive room. The hydrogen gas that had entered the variable frequency drive room was ignited by an electrical component resulting in a horrific fireball explosion felt several miles away. The explosion occurred as the result of a catastrophic mechanical failure of the cylinder head of a compressor. ‘The cylinder head was propelled through the wall of the compressor room into an adjoining electrical room which allowed hydrogen to be released causing a deflagration, Because of the quantity of hydrogen used, venting was not available. Wacker engaged in testing of the piston head which had cracked resulting from a weak spot in the metal of the head. 10. Plaintiff Andrew Gott was the closest Wacker employee to this horrific explosion and was on his way to enter the T-103 compressor room to slow the compressor down when the explosion occurred, the explosion and shockwaves hit him and burned him. 11, Asaresult of the negligence, defective design, defective manufacture, and acts or omissions of the Defendants, Andrew Gott sustained personal injuries including bums, mental suffering, loss of enjoyment of life, and loss of income. 12, Since the September 7, 2017 explosion at the Wacker plant, Plaintiff Andrew Gott has been unable to return to work and has sustained a loss of earning capacity and permanent injury. 13, Joann Gott has sustained the loss of services and consortium of her husband.STRICT PRODUCTS LIABILITY/DEFECTIVE DESIGN/NEGLIGENCE/“RES IPSA. LOQUITUR” 14, The entire system of manufacturer, distribution, assembly and presentation of the original compressor and the upgraded compressor design to Wacker was jointly and/or singularly engaged in by the Defendants, their agents and/or employees. The original product and the reconditioned product was designed, manufactured and distributed in whole or in part by either and each of the Defendants. The Defendants promote themselves as experts in the field of production of compressors and reconditioning compressors to customers in the State of Tennessee and more particularly Bradley County, Tennessee. As a result of the Defendants’ negligence as set forth herein, your Plaintiffs have sustained the previously stated damages. 15. Your Plaintiffs allege that the Defendants were guilty of the following acts of negligence, which singularly and/or combined with other acts of negligence, caused or contributed to the cause of Plaintiff's injuries and damages: a. the Defendants negligently designed, developed, _tested, manufactured, assembled, inspected, revamped, reconditioned, promoted, advertised, marketed, and distributed said compressor; b. the Defendants negligently failed to warn, to instruct, adequately wam or adequately instruct the Plaintiff and other Wacker employees of the dangerous properties and design of said compressor and the revamped compressor and the safe and proper method of use of said compressor; c. the Defendants negligently placed the compressor and the revamped compressor in the channels of trade, when it knew or with reasonable care should have known that said compressor and revamped compressor to be in a dangerous and defective condition, and negligently placed said compressor and revamped compressor in the channels of trade in a manner which Defendants foresaw or in the exercise of reasonable care ought to have foreseen would carry the compressor and revamped compressor into contact with persons such as Plaintiff who were not as well advised of its dangers and defective nature and condition and Defendants negligently failed to use reasonable care to prevent injury to such persons, including this Plaintiff. 416. ‘The Defendants committed other acts and omissions which render them liable including, but not limited to: a. The Defendants breached warranties in connection with the design, development, marketing and sale of its product; b. The Defendants breached warranties by marketing a produet which was defective in that it contained inadequate warnings; ©. Defendants breached warranties by marketing a produet which posed a severe hazard to users. d. Defendants breached the expressed warranties as provided in T.C.A. §47-2-313 in that they made expressed representation of the quality of product which they were marketing. ©. The Defendants breached the implied warranty of merchant ability as provided in T.C.A. § 47-2-314, £ The Defendants breached the implied warranty of fitness for purpose as provided in T.C.A. §47-2-315. 17. The product as sold was unreasonably dangerous and defective both generally and specifically. The product as reconditioned and/or revamped was unreasonably dangerous and defective both generally and specifically under T.C.A. §29-28-101 et. seq. The product as. assembled and sold and reconditioned was dangerous. The Defendants were negligent in failing to properly assemble and recondition the compressor before selling the same. It is believed that the metallic composition of the piston within the compressor was defective and inadequate for the use to which it was put at Wacker. This use was known to the Defendants. 18. The Plaintiff pleads the doctrine of “res ipsa loquitur” and under said doctrine alleges that the Defendants were liable and responsible to the Plaintiff for all damages suffered by him as a result of the piston and compressor exploding as previously described. As a directand proximate result of the unfair and deceptive practices of Defendants as set forth herein, Plaintiffs sustained severe injuries. WHEREFORE, Plaintiffs pray that a jury of twelve be impaneled to try the issues of this cause, and that the Defendant be served with process. The Plaintifis request a judgment not to exceed Five Million Dollars ($5,000,000.00) by the jury who is enlightened as to the facts and law. Respectfully submitted, Robert G. Norred, Jr. (BPR 012740) Attorney for Plaintiffs 30 Second Street P.O. Box 191 Cleveland, TN 37364-0191 423-476-2251COST BOND We, the undersigned Principal and Surety, do hereby acknowledge ourselves as security for the costs of this cause, not to exceed $1,000.00. LOGAN-THO! by (ON, P.C., Principal and Surety, baalf