Jury seated in Clow trial

By MICHAEL SCHAFFER
The Oskaloosa Herald

OSKALOOSA October 08, 2008 07:13 am

— Jury selection in the Clow Valve v. Chevron USA Inc., Diamond Oil Company and Oskaloosa Gas and Oil Inc. civil trial wrapped up late Tuesday afternoon.
The trial portion of the case, which began today, is expected to take four weeks, or 16 days, based on a Tuesday through Friday work schedule, with each day beginning at 9 a.m. Monroe County Judge Annette J. Scieszinski will hear the case.
The entire day Tuesday was spent whittling down the 75 plus who were summoned and appeared for jury duty in the case. By 5 p.m., both the plaintiff and defendant’s attorneys each had struck four from the 19 who were called forth and agreed on 11 of those to be jurors, three of which will serve as alternates.
The most obvious difference between the 11 jurors is not age, even though that ranges from mid-20s to the retired, but sex — only three of the 11 are men. Prior to the striking process, the women held a 10 to nine advantage.
Both Randy DeGeest, attorney for the plaintiff, and Mark Tripp, attorney for the defendants, focused on particular issues central to the case as they quizzed the prospective jurors. DeGeest laid the groundwork by identifying those who may have had prior dealings with Clow, the defendants, or the various law firms involved.
DeGeest also focused on a story published in the Oskaloosa Herald, and if it had an undue influence on anyone. Two admitted reading the story and not being influenced by the content.
Among other things, DeGeest also focused on corporations suing other corporations and if the projected four week trial would create a burden for anyone.
One prospective juror, an elderly woman, responded, “I’ve got a lifetime,” to which DeGeest replied, let’s hope it doesn’t take that long.
Mark Tripp noticed a T-shirt being worn by a prospective juror stating a phrase about home field advantage and asked if it would apply in litigation. Several answered, saying they believed home field advantage would apply in litigation as it would in sports. Several others added even though, they could remain impartial.
Among many issues Tripp covered were the prospective juror’s views on corporations.
“I retired from Pella Corp,” said a male juror who made the cut to 11. “I like to see them do well. And other corporations, I wish them well.”
Clow Valve’s lawsuit filed in June of 2006 alleges breach of warranties, breach of contracts, strict liability, negligence, and fraudulent and negligent misrepresentation against the defendants.
According to court documents, Oskaloosa Gas and Oil dealt with Diamond Oil Company to obtain Chevron FM grease products for Clow Valve to use in fire hydrants they manufactured between 2002 and 2004. Clow Valve contends that grease formerly supplied by Clow with the label, DIAMOND FM GREASE 2EP or CLOW MEDALLION LUBRICANT, or any grease containing calcium acetate, caused corrosion of thread material in fire hydrants. The defendants are denying that claim.
Clow Valve in October of 2007 estimated up to 113,000 fire hydrants’ upper stems might have to be replaced and returned to Clow at a cost of $8 million.
Herald City Editor Michael Schaffer can be reached by email at mschaffer@oskyherald.com