Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) Files Motion For Class Certification of Claims Against Carrier Corporation Arising Out of Unapproved  Rust Inhibitor That Causes Widespread TXV Failures

Chimicles Schwartz Kriner & Donaldson-Smith LLP (CSK&D) Files Motion For Class Certification of Claims Against Carrier Corporation Arising Out of Unapproved Rust Inhibitor That Causes Widespread TXV Failures

On August 3, 2018, CSK&D and its co-counsel filed a motion for class certification of claims against Carrier Corporation arising out of the sale of air conditioners that contained an unapproved rust inhibitor in the compressor, which causes widespread failures of thermostatic expansion valves (TXVs).   The plaintiffs allege that the unapproved rust inhibitor was present in virtually all Carrier-manufactured air conditioners from December 2013 through August 2014.  Carrier allegedly discovered the defect by May or June 2014, but nevertheless continued to sell the air conditioners without disclosing the defect to consumers because its entire inventory was affected.

Further, when TXV failures occur, rather than perform adequate repairs, the plaintiffs allege that Carrier instructs service personnel to inject a highly acidic additive to dissolve the clogs.  The plaintiffs allege that the acidic additive may dissolve TXV clogs but it also causes serious damage to the systems, including premature compressor wear and dissolving of internal metal components.

The case is Oddo v. Arcoaire, et al., (Case No. 8:15-cv-01985-CAS-E), pending in the United States District Court for the Central District of California.   A copy of the Motion for Class Certification is available here.