Tom Pender secured a successful defense verdict at trial on behalf of a Texas natural gas pipe distributor of Georg Fischer Central Plastics products.  The trial took place in Kendall County, Texas, and was filed by the general contractor on a residential development against the utilities subcontractor.  The amount in controversy was over $1 million in remedial work and delay damages that the general contractor alleged were caused by the poor workmanship of the subcontractor.  Tom’s client, the piping distributor, was brought in as a third party defendant on claims of breach of the supply contract, breach of implied warranty and product negligence.  The plaintiff alleged that the natural gas distribution piping installed at the project was defective due to failures of electrofused service saddles that were intended to send gas to each individual residence at the project – over 75 houses.  The defendant/subcontractor claimed that the service saddles were defective and provided evidence that even a replacement utility contractor, using the same service saddles, was unable to get the electrofusion process to work.  Tom’s client defended the case with evidence that the original subcontractor failed to adequately prepare/scrape the pipe surface before attempting to electrofuse the service saddles.  After the general contractor and utilities subcontractor rested their cases, the Court granted Tom’s motion for directed verdict as to the piping distributor, finding a lack of evidence to support any specific claim of product defect.  The subcontractor was later hit with a $1.2 million judgment in the case.