Warren Hoffman and Londell Huey v. New Flyer of America, Inc. and Kidde Technologies, Inc.

San Diego, California personal injury lawyer represented the Plaintiff who sued the Defendants on negligence theories.





Kidde supplies automatic fire suppression and gas leak detection systems to commercial bus manufacturers, who then incorporate them into their buses before delivering them to the end user. (Joint Statement of Undisputed and Disputed Facts [Doc. 43], #1.) Kidde supplied New Flyer of America, Inc. ("New Flyer”) with gas leak detection systems for a series of 2013 and 2015 Xcelsior XN60 buses that New Flyer sold to MTS. (Id.) The Xcelsior XN60 is powered by compressed natural gas (unlike a traditional diesel-powered transit bus). (Id., #3.) The CNG is stored in eight tanks on the roof of the bus-four on the section forward of the articulated joint and four on the rear section. (Id.)



On the morning of March 10, 2020, Plaintiff Huey was driving Bus 1106 on a deadhead (with no passengers) to begin his route. (Id., #23.) While he was driving on the freeway, he heard an alarm begin sounding over his head. (Id.) At the same time, the lights on the bus were going on and off and the horn was honking. (Id., #24.) The display screen for the gas detection system was turning red. (Id., #25.) At some point after the alarm activated, the engine shut down, but Mr. Huey was able to pull the bus over to the side of the road, onto the shoulder. (Id., #26.) Mr. Huey then exited the bus. (Id., # 27.) He called MTS dispatch and told them that the alarm was going off. (Id.) MTS dispatch told him to perform a battery reset. (Id., #28.) Mr. Huey performed the battery reset, but it did not shut off the alarm. (Id.) After the alarm had been sounding for about 10-15 minutes, Mr. Huey went back onto the bus and was able to silence the alarm. (Id., #29.) Mr. Huey radioed MTS dispatch, then checked the engine compartment at the rear of the

bus. (Id., #30.) Everything looked fine, so he started up the bus again. (Id.) The gas leak detection system alarm did not activate again. (Id.) MTS dispatch told Mr. Huey to continue his route. (Id., #31.) He did, and when he returned to the UTC Transit Center, a maintenance truck took Bus 1106 and Mr. Huey was given a standby bus. (Id.) When MTS maintenance looked at the bus, they found a leak from exhaust from the turbo. (See Ex. 4 to Hoffman Decl., MTS Compacted Order [Doc. 32-6].) MTS maintenance added a new clamp and gasket. (Id.) When they road tested the bus, there were no leaks and it was released for service. (Id.) Mr. Huey alleges that since the incident in March 2020, he has experienced headaches and ringing in his ears. (Joint Statement of Undisputed and Disputed Facts, #37.) In addition to non-economic damages, Mr. Huey seeks to recover for medical expenses and loss of income. (Id., #38.)



On the afternoon of September 24, 2020, Plaintiff Hoffman was assigned to drive Bus 1306 on an MTS route from Old Town to College and University. (Id., #44.) The route takes about 55 minutes to get from Old Town to College and University, then about 55 minutes to get back to Old Town. (Id.) According to Mr. Hoffman, when starting that route, the alarm buzzer would sound "maybe once, twice, three times” when entering the freeway because fuel would shift. (Id., #45.) MTS had "known that for years,” but if a driver called the radio room would say "It's just the fuel shifting. It's no big deal. Call us if it does it again.” (Id.) On the date of the incident, the gas detection alarm buzzer sounded once or twice as Mr. Hoffman was getting on to 805, heading to Old Town. (Id., #46.) But it stopped, similar to what Mr. Hoffman says he had observed before. (Id.) After Mr. Hoffman reached Old Town and loaded up his passengers, the gas detection alarm buzzer began sounding again intermittently. (Id., #47.) As Mr. Hoffman proceeded along the route, the buzzer would sound every time he hit a pothole or rough road. (Id.) When that happened, the buzzer would sound about six short beeps (or "blasts,” as Mr. Hoffman characterizes them). (Id.) Mr. Hoffman drove the bus for about one third of his route in that condition before he called the MTS radio room and told them what was happening. (Id., #48.) The radio room asked him, "do you smell rotten eggs?” (Id.)



When Mr. Hoffman said no, they instructed him to continue on his route-"do the best you can. We'll get you a new bus, or we'll send a truck to look at it.” (Id.) During Mr. Hoffman's break, he called the radio room again and asked them what he should do. (Id., #49.) The MTS radio room told him that they did not have a mechanic available, but they would try to get him a mechanic when the bus was back in Old Town. (Id.) They told Mr. Hoffman to perform a battery reset to see if that would reset the alarm. (Id.) Mr. Hoffman performed a battery reset, turned the bus off for a couple minutes, then started it back up. (Id., #50.) According to Mr. Hoffman, the reset seemed to work for about five minutes as he was heading back to Old Town, but when he hit rough patches in the road, the buzzer began sounding intermittently again. (Id., #51.) The buzzer went off 20 or 30 times as he drove back to Old Town. (Id.) Once in Old Town, MTS provided Mr. Hoffman with a replacement bus, and he had no further issues with the gas detection system. (Id., # 52.) In total, Mr. Hoffman drove Bus 1306 for almost two hours with the gas leak detection system buzzer sounding intermittently. (Id., # 53.) At no point in that time did Mr. Hoffman evacuate any of the passengers. (Id., #54.) He did not attempt to pull over and shut off the engine as a result of the alarm. (Id., #55.) According to Mr. Hoffman, that is because the buzzer would only sound a few times-"bam, bam, bam”- then go two or three minutes without sounding again. (Id., # 56.) So MTS dispatch told him, "Keep going. Do the best you can.” (Id.) Mr. Hoffman never pulled the bus over after the buzzer sounded because "it would only go off one or two times, and you didn't have to-it was no big deal.” (Id., #57.) He has no idea what color the gas detection system display panel was at any point during the incident. (Id., # 58.) The lights and horn on Bus 1306 did not sound when the alarm activated, nor did the gas detection system shut down the bus. (Id., # 59.) MTS maintenance ultimately found an issue with a flexible bar to which a fuel line was connected near the accordion joint. (Ex. 5 to Hoffman Decl. [Doc. 32-7].) After replacing a sensor nearby, MTS road tested the bus on a bumpy road without the alarm sounding. (Id.) Mr. Hoffman alleges ringing in his ears, headaches, sensitivity to light, "brain fog,” and vertigo as a result of the incident with Bus...

10/06/2023 50 NOTICE of Hearing - 47 Bill of Costs, filed by Kidde Technologies, Inc.: Hearing set for 10/11/2023 is VACATED. Order to Follow. (no document attached) (jms) (Entered: 10/06/2023)