WARSAW — Incubacol S.A.S., a corporation established under the laws of Columbia, South America, has filed a lawsuit against CTB Inc., doing business as Chore-Time, Milford. The suit is asking for compensatory damages, prejudgment interest, costs and a jury trial on three counts. The suit was filed Nov. 14, in Kosciusko Circuit Court.

The suit is concerning a malfunction of a part that caused the death of approximately 5,512 roosters and hens, that Incubacol says caused a financial loss exceeding $1.5 million and continues to accrue.

The complaint for damages and demand for a trial by jury states Chore-Time manufactures and markets distribution of equipment to construct controlled environment poultry enclosures or breeding houses. Poultry and Industrial Suppliers Inc. marketed the equipment as being able to provide a safe, controlled environment to maximize egg production and the equipment designed with safeguards to ensure safety of the poultry in the event of any equipment failure. PIS is a distributor for Chore-Time products in Colombia, South America, and other Latin American countries.

Documents state from August 2014 through January 2015, Incubacol placed orders from PIS for equipment necessary to construct 10 breeding houses. Each breeding house was designed to house more than 7,000 roosters and hens as well as the nests for the eggs.

In April 2015, Incubacol had the Chore-Time equipment installed in its breeding houses. Inspection relating to the installation took place in July 2015 by PIS with a list of adjustments needing to be made to the equipment and PIS would be there for the verification and programming of the systems. On Aug. 17, 2015, the breeding houses were again inspected and a representative of PIS stated the issues identified in July were addressed or would be addressed in the near future. This was reaffirmed in an email dated Aug. 27, 2015.

In December 2015, the equipment failed in breeding house No. 1 causing the death of approximately 5,512 roosters and hens.

According to the contractor, Cardoso, the equipment did not work properly. There was a malfunction in the equipment in that safety alarms were not triggered and the release mechanism for the curtains failed. The safety mechanism was designed to release the curtains to allow fresh air to circulate.

Incubacol is alleging Chore-Time sold, manufactured, marketed and distributed a defective product and further negligently inspected the equipment once it was installed.

Count 1 of the complaint focuses on negligence and states Chore-Time had a duty to ensure the equipment it distributed was properly manufactured and fully functional and it breached its duty to Incubacol by failing to property inspect the equipment distributed and sold through PIS. “Had Chore-Time properly inspected the equipment it would have known that the Pro-Tech Mark 220 Informer had a cold solder joint.”

The complaint further states Chore-Time was also negligent in that it failed to provide proper documentation as to how the electrical components for the control and alarm functions were to be interconnected.

Count II focuses on strict liability: manufacturing defect, reiterating the previous points and adding Chore-Time should have known of the manufacturing defect and the risk of injury to the poultry if the device failed.

Count III pertains to the breach of implied warranty. This section claims Chore-Time knew of the use of the Mark 220 Informer and it impliedly warranted its products to be of merchantable quality and safe and fit for its intended use. “Contrary to such implied warranty, the Mark 220 Informer was not of merchantable quality, safe or fit for its intended use” because of the cold solder and it was “unreasonably dangerous and unfit for the ordinary purposes for which it was used.”