These Claims vs. Cooper Lighting Seem Illogical

2020 12 cooper roberson galleon.jpg

 

In a lawsuit filed on December 4, Roberson Motors, an auto dealership in Salem, OR is accusing Cooper Lighting of breach of contract and breach of express warranty.  In the complaint, the dealership claims that a 2016 installation of 60 McGraw Edison Galleon outdoor area lights and accompanying controls has ongoing issues.  After four years of alleged feet-dragging by the manufacturer and unresolved product issues, the dealership is seeking to replace the entire lighting and control system. 

The $530K of alleged damages contained in the complaint (that can be read here) inspire more questions about the dealership's claims/actions than they do about Cooper Lighting's possible liability.  Sometimes lawsuits are filed to drive the Defendant to take action and possibly come to a quick agreement or settlement without ever proceeding to trial.  So it's possible that the Plaintiff pulled out every allegation possible to get higher level attention to this matter and drive Cooper Lighting to a quicker resolution.


QUESTIONS TO EXPLORE:

INSTALLER CULPABILITY:
The lawsuit makes no mention of the party that installed the lighting and controls system.  Any technology-based system, lighting or otherwise, requires proper installation in order for the system to operate properly.  Was this a flawless installation that puts 100% of the liability on the shoulders of Cooper Lighting?

APPROPRIATENESS OF PROPOSED RESOLUTION:
The lawsuit claims a defect in motion sensor and control system operation, and makes no mention of problems with the light fixtures.  Despite no claims of faulty fixtures, the dealership is demanding that Cooper pays for the removal of the current light fixtures and the installation of new light fixtures.  

ARE THE MONETARY CLAIMS FOR $530K IN DAMAGES REASONABLE?

  • Defendant is asking for a refund of $152K to cover materials and labor for the previously installed fixtures and controls.  See above.  Fixtures seem to be working
  • Defendant is asking for $128K to cover materials and labor for a new lighting and controls installation.  If Cooper Lighting were to refund the original installation and pay for a new installation, the customer would ultimately pay $0 for 60 area lights.
  • Defendant claims $250K for excess energy cost due to the motion sensor feature allegedly not working properly.  Based on the 6.81¢ per kWh energy costs in Salem, OR, this claim seems outlandish.  Somehow 60 LED Galleon fixtures are consuming 3.7 Billion excessive watts due to the motion sensor feature allegedly not working properly.  

 

We may soon be receiving a statement from Cooper Lighting relating to this matter.  If and when we do, we will update this article.

 

 

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December 7, 2020

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