Case 2:13-cv-01732-NS Document 1 Filed 04/03/13 Page 1 of 6

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ACE AMERICAN INSURANCE COMPANY,
as subrogee of ALION SCIENCE AND TECHNOLOGY CORPORATION 436 Walnut Street Philadelphia, PA 19105 CIVIL ACTION NO. Plaintiff, v. ETS-LINDGREN, L.P., formerly known as EMC TEST SYSTEMS, L.P. 1301 Arrow Point Drive Cedar Park, TX 78613 Defendant. COMPLAINT Plaintiff, ACE American Insurance Company, as subrogee of Alion Science and Technology Corporation, by and through its counsel, hereby demands judgment against Defendant, ETS-Lindgren, L.P., f/k/a EMC Test Systems, L.P., and complains against Defendant as follows: PARTIES 1. Plaintiff, ACE American Insurance Company ("ACE"), is a corporation duly JURY TRIAL DEMANDED

organized and existing under the laws of the Commonwealth of Pennsylvania with its principal place of business located at 436 Walnut Street, Philadelphia, Pennsylvania, and, at all times relevant hereto, was engaged in the insurance business and was licensed to do business in the Commonwealth of Pennsylvania. 2. Plaintiffs insured, Alion Science and Technology Corporation ("Alion"), is a

corporation duly organized and existing under the laws of the State of Delaware with its principal place of business located at 1750 Tysons Boulevard, Suite 1300, McLean, Virginia,

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and, at all times relevant hereto, was a tenant at 20 Clipper Road in West Conshohocken, Pennsylvania (the "Building"). 3. At all times relevant hereto, the Building housed nine (9) of Alion's anechoic

chambers that Alion rented out to its respective clients for testing purposes. 4. Defendant, ETS-Lindgren, L.P., f/k/a EMC Test Systems, L.P. ("ETS"), upon

information and belief, is a limited partnership duly formed and existing under the laws of the State of Texas with its principal place of business located at 1301 Arrow Point Drive, Cedar Park, Texas, and, at all times relevant hereto, was engaged, inter alia, in the business of designing, manufacturing, selling, assembling and installing both anechoic chambers and the pyramidal anechoic absorber material that is installed in the chambers. 5. ACE issued Policy No. MAUD35715423 to Alion for the period October 1, 2011,

to October 1, 2012, insuring Alion's business and personal property at the Building. 6. ACE has made payments to Alion under the aforementioned Policy in an amount

in excess of One Million, Four Hundred Thousand Dollars ($1,400,000.00) for damages sustained as the result of a fire that occurred on or about February 24, 2012, at the Building and is subrogated to the rights of its insureds to the extent of its payments pursuant to the terms of the Policy, and now seeks recovery of said payments. JURISDICTION AND VENUE 7. Jurisdiction is based on 28 U.S.C. 1332(a)(1) as this action involves a

controversy between citizens of different states and an amount in controversy which exceeds Seventy-Five Thousand Dollars ($75,000.00), exclusive of interest and costs. 8. Venue is proper in this district based on 28 U.S.C. 1391 (a) in that the event

giving rise to this claim occurred within this district.

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STATEMENT OF FACTS 9. length herein. 10. In or about 2002, Alion purchased an ETS-Lindgren SMART 400 reverberating Plaintiff incorporates by reference the preceding averments as though set forth at

chamber and a control room chamber from ETS for good and valuable consideration. 11. In or about May of 2002, Alion purchased pyramidal anechoic absorber material

("anechoic foam"), from ETS for good and valuable consideration to be installed in the SMART 400 reverberating chamber and the control room chamber. 12. ETS assembled the SMART 400 reverberating chamber in the Building and

oversaw the installation of the anechoic foam in the chamber in 2002 where it was designated Chamber 6. 13. ETS also assembled the control room chamber in the Building and oversaw the

installation of the anechoic foam in the chamber in 2002 where it was designated Chamber 7. 14. ETS represented to Alion that the anechoic foam that was installed in Chambers 6

and 7 did not need to be altered, modified, moved or replaced after it was installed. 15. On or about February 24, 2012, a fire originated in Chamber 7 when the anechoic

foam that was designed, manufactured, sold, and installed at the direction of ETS overheated and caught on fire. 16. As a direct and proximate result of the aforementioned fire, Alion's business and

personal property at the Building was severely damaged and destroyed. 17. As a direct and proximate result of the aforementioned fire, Alion suffered

damage and destruction to its business and personal property at the Building in an amount in excess of $1,400,000.00.

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COUNT I - NEGLIGENCE 18. length herein. 19. The damage and destruction to Alion's business and personal property was caused Plaintiff incorporates by reference the preceding averments as though set forth at

by and resulted from the negligent, careless and/or reckless acts and/or omissions of ETS, by and through its agents, subagents, servants, representatives, workmen, employees and/or subcontractors acting within the course and scope of their employment. Said acts and/or omissions consisted of: (a) failing to properly and adequately oversee the assembly of Chamber 7 and

the installation of the anechoic foam in the Building; (b) failing to properly and adequately hire, train and supervise its agents,

subagents, servants, representatives, workmen, employees and/or subcontractors to ensure that proper and safe means and methods were used to assemble Chamber 7 and install the anechoic foam in the Building; (c) failing to properly and adequately inspect Chamber 7 and the anechoic

foam after it was installed in the Building; (d) failing to properly and adequately hire, train and supervise its agents,

subagents, servants, representatives, workmen, employees and/or subcontractors to ensure that proper and safe means and methods were used to inspect Chamber 7 and the anechoic foam after it was installed in the Building; (e) improperly permitting Chamber 7 and the anechoic foam to be assembled

and installed in an unsafe and dangerous manner;

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(f)

failing to ensure that the proper and necessary materials and/or

components and/or equipment were used in the assembly of Chamber 7 and the installation of the anechoic foam in the Building; (g) failing to ensure that proper and safe materials and/or components were

used in the assembly of Chamber 7 in the Building; (h) failing to warn Alion of the danger presented to its business and personal

property at the Building by the use of inadequate means, methods, techniques, sequences and procedures in the assembly of Chamber 7 and the installation of the anechoic foam; (i) failing to warn Alion of the danger presented to its business and personal

property at the Building by failing to use the proper and necessary materials and/or components and/or equipment in the assembly of Chamber 7 and the installation of the anechoic foam; (j) failing to warn Alion of the danger presented to its business and personal

property at the Building by failing to use proper and safe materials and/or components in the assembly of Chamber 7; (k) failing to warn Alion of the danger presented to its business and personal

property at the Building if the anechoic foam was installed too close to the light fixtures in Chamber 7; (1) failing to provide Alion with any warnings regarding the ignition

temperature and/or other potential fire risks and/or hazards of the anechoic foam that was installed in Chamber 7; (m) failing to ensure that proper engineering and/or safety practices were used

when assembling Chamber 7 and installing the anechoic foam in the Building; (n) failing to ensure that proper engineering and safety practices were used

when designing Chamber 7 and the anechoic foam;

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(o)

failing to apply the degree of skill that would customarily be brought to

the assembly of Chamber 7 and the installation of the anechoic foam in the Building by competent and skilled contractors and supervisors in and about the relevant community; (p) failing to detect and correct the unsafe conditions that existed in Chamber

7 after the anechoic foam was installed; (q) failing to take proper and adequate precautions to protect Alion's business

and personal property at the Building from the risks and/or hazards of a fire; (r) (s) 20. failing to perform its work in a good and workmanlike manner; and otherwise failing to use due care under the circumstances.

As a direct and proximate result of ETS' negligent, careless, reckless acts and/or

omissions, Alion suffered damage and destruction to its business and personal property in an amount in excess of $1,400,000.00. WHEREFORE, Plaintiff, ACE American Insurance Company, as subrogee of Alion Science and Technology Corporation, demands judgment against Defendant, ETS-Lindgren, L.P., f/k/a EMC Test Systems, L.P., in an amount in excess of $1,400,000.00, together with interest, costs, attorneys' fees and such other damages as may properly be awarded by this Court. Respectfully submitted, COZEN O'CONNOR BY: s/ William E. Gericke (WEG5875) WILLIAM E. GERICKE, ESQUIRE 1900 Market Street Philadelphia, PA 19103 (215) 665-2000 (Telephone) (215) 701-2146 (Facsimile) wgericke@cozen.com Attorneys for Plaintiff, Ace American Insurance Company