Free Third Party Complaint - District Court of Delaware - Delaware

Case 1 :07-cv-00346-SLR Document 20 Filed 10/19/2007 Page 1 of 4
. IN THE UNITED STATES DISTRICT COURT
POR THE DISTRICT OP DELAWARE
E.I. DU PONT DE NEMOURS AND )
COMPANY, )
)
Plaintiff, ) C.A. No.: 07-346 SLR
)
_ v. )
) JURY TRIAL DEMANDED
MECHANICAL INTEGRITY, INC., )
)
Defendant. )
DEFENDANT’S THIRD PARTY COMPLAINT AGAINST
MIKE WALKER AND NDT EQUIPMENT SERVICES LTD
l. Defendant/Third Party Plaintiff Mechanical Integrity, Inc., hereinafter referred to as
"Mechanical" is a Texas corporation with its principal place of business located at 1423 First Street,
Suite A, Humble, Texas 77338.
2. Third Party Defendant, Mike Walker, is a sole proprietor doing business as NDT
Equipment Services (hereinafter referred to as "Walker").
3. NDT Equipment Services LTD (hereinafter referred to as "NDT") is a corporation
or other legal entity, which maintains its offices at l57 Central Avenue Cleveland, United Kingdom.
4. The Plaintiff filed a Complaint alleging that Defendant Mechanical failed to conduct
a proper inspection of the pipeline at DuPont’s Louisville, which is used to carry chloroform. See
copy of the Complaint attached hereto as Exhibit “A".
5. Defendant Mechanical subcontracted with Walker and/or NDT, as an independent
contractor, to inspect the DuPont Louisville, Kentucky pipeline.
6. On or about March 3l, 2004 through April l, 2004, Walker and/or NDT, as an
independent contractor for Mechanical, conducted an inspection ofthe pipeline at DuPont Louisville,

Case 1:07-cv-00346-SLR Document 20 Filed 10/19/2007 Page 2 of 4
· Kentucky facility.
7. Walker and/or NDT drafted an Inspection Report for Mechanical, which Mechanical
relied upon when drafting their Inspection Report for DuPont. See Walker and/or NDT’s Inspection
Report, attached hereto as Exhibit "B".
8. If Plaintiff s claims are proven true, due to Walker and/or NDT Equipment Services
LTD’s breach of contract and/or negligence and/or breach of warranty and/or misrepresentation,
Plaintiff suffered damages.
COUNT I BREACH OF CONTRACT
9. Third Party Plaintiffs repeat, re—allege, and incorporate by reference the allegations
contained in paragraphs 1 through 8.
I0. Third Party Defendant Mechanical had a contract with Walker and/or NDT to inspect
the pipeline at DuPont Louisville, Kentucky facility.
ll. If Plaintiffs claims are proven true, Third Party Defendant Walker and/or NDT
breached that contract by failing to properly inspect Plaintiffs Louisville, Kentucky pipeline.
12. If Plaintiffs claims are proven true, as a direct and proximate result of the breach,
Plaintiff has suffered damages.
COUNT II NEGLIGENCE
I3. Third Party Plaintiffs repeat, re—allege and incorporate by reference the allegations
contained in paragraphs l through l2.
14. Third Party Defendants Walker and/or NDT had a duty to properly inspect Plaintiff s
Louisville, Kentucky pipeline.
15 . If Plaintiff s claims are proven true, Third Party Defendant Walker and/or NDT knew
or should have known that there were defects with the pipeline.

Case 1:07-cv-00346-SLR Document 20 Filed 10/19/2007 Page 3 of 4
` · 16. If Plaintiffs claims are proven true, Walker and/or NDT breached their duty by
negligently:
a. improperly inspecting the DuPont Louisville, Kentucky pipeline; and
b. failing to report the problem as requested and contracted by Plaintiffs and/or
Third Party Plaintiffs.
17. If Plaintiffs claims are proven true, as a direct and proximate result of Third Party
Defendants’ negligence, Plaintiffs have suffered and will continue to suffer damages.
COUNT III BREACH OF WARRANTY
18. Third Party Plaintiffs repeat, re—allege and incorporate by reference the allegations
contained in paragraphs 1 through 17.
19. Walker and/or NDT impliedly warranted that all work performed under its contract
with Mechanical would be free from defect performed in accordance with industry standards in a
workrnanlike manner and was fit and suitable for Mechanical’s intended purpose.
20. By reason of the above described acts and omissions as set forth in Count I and Il, if
Plaintiffs claims are proven true, Third Party Defendants Walker and/or NDT breached their
implied warranty.
21. If Plaintiffs claims are proven true, as a direct and proximate result of the breach,
Plaintiffs have suffered damages and will continue to suffer damages.
COUNT IV: NEGLIGENT MISREPRESENTATION
22. Third Party Plaintiffs repeat, re-allege and incorporate by reference the allegations
contained in paragraphs l through 21.
23. By virtue of Mechanical’s contract, Walker and/or NDT had a duty to truthfiilly
disclose the scope and results ofits inspection of the pipeline.

Case 1 :07-cv-00346-SLR Document 20 Filed 10/19/2007 Page 4 of 4
- . 24. If Plaintiff s claims are proven true, Walker and/or NDT’s inspection report falsely
represented the condition of the pipeline where the leak occurred or, at the very least, omitted the
fact that NDT did not properly inspect the subject area of the pipeline.
25. If Plaintiff s claims are proven true, Walker and/or NDT failed to exercise reasonable
care in conducting its inspection and in communicating the results of its inspection to Mechanical.
26. If Plaintiff s claims are proven true, Walker and/or NDT was aware that Mechanical
intended to rely upon the inspection report to identify repairs to the pipeline to DuPont.
27. If Plaintiffs claims are proven true, Mechanical acted in justifiable reliance on the
representations contained in the inspection report.
28. If Plaintiff s claims are proven true, as justifiable reliance on the false report, Plaintiff
has suffered damages. _
WHEREFORE, Third Party Plaintiffs demand judgment in its favor and against Third Party
Defendant, and award an amount to compensate Third Party Plaintiffs for the expenses incurred, pre
and post-judgment interest, costs of this litigation, attorney’s fees and any other damages which the
Court deems to be reasonable and just.
REGER RIZZO KAVULICI-I & DARNALL LLP
/s/ Louis J Rizzo Jr., Esquire
Louis J. Rizzo, Jr., Esquire
Delaware State Bar I.D. No. 3374
1001 Jefferson Plaza, Suite 202
Wilmington, DE 19801
(302) 652-3611
Attorney for Defendant/Third Party Plaintiff
Mechanical Integrity, Inc.
Dated: