 |
What is Entran II hose?
Entran II is an orange rubber hose used in radiant hydronic heating
and snowmelt systems. Scientists and juries alike have concluded
that Entran II is defective; within just a few years of use, the
hose hardens, leaks, and fails. Entran II can cause severe property
damage to the contents of homes in which it is installed when it
leaks and fails. In addition, when the hose leaks, the heating system
itself may fail, leaving the home without heat.
From
1989 until 1994, Goodyear Tire & Rubber Company manufactured
Entran II hose. The hose was distributed to plumbing supply houses,
contractors, and consumers by Childs Power Supply, Inc., doing business
as Heatway Radiant Floors and Snowmelting (Heatway). Heatway has
since declared bankruptcy. Along with Goodyear's Entran II hose,
Heatway sold clamps and manifolds for use in radiant hydronic heating
systems.
In
hydronic radiant heating systems, Entran II hose was installed under
flooring, connected to a heat source, and filled with a liquid.
The liquid typically used in hydronic radiant heating systems is
water or a water-glycol mix. The fluid is heated by a boiler and
circulated throughout the system via Entran II hose. The fluid radiates
its heat through the floor and into the adjoining space. Similar
systems have been used for melting snow on driveways, sidewalks,
and roofs.
Goodyear
designed, manufactured, and sold approximately 25 million feet of
Entran II hose from 1989 through 1993. That hose was then distributed
throughout the United States and Canada. Documents obtained from
Heatway indicate that Entran II hose was installed in homes in nearly
every state in the country.
In
the early to mid 1990's, homeowners who had installed Entran II
in their homes began to experience problems. Typically, the owners
observed discoloration of the hose. As time went on, the hose hardened,
and frequently began leaking at the point where it was connected
to the manifolds. Many homeowners noticed a black sludge emanating
from the hose, which often fouled mechanical components of their
heating systems, such as pumps and expansion tanks, and caused them
to fail. In many instances, Entran II ruptured in mid-loop, causing
catastrophic flooding and serious property damage.
The
problems experienced with Entran II are made worse by the fact that
most of the hose is not readily visible for inspection. Entran II
is often buried under floors, embedded in concrete, or hidden in
ceilings. Thus, it is difficult for homeowners to determine if their
Entran II hose is deteriorating, and it is expensive and invasive
to have to replace the hose.
Due
to the likelihood that all Entran II hose is hardening and will
eventually fail, even a homeowner whose system appears normal may
suffer damages in the form of diminished resale value of his or
her home.
According
to Heatway, there are three typical stages of failure for Entran
II hose:
| 1. |
It
usually becomes hard at or near the connections. |
| 2. |
It
begins to change color, usually going from orange to dark red,
or reddish-brown, but sometimes white. Leaks may begin to appear
at the connections. |
| 3. |
The
embrittlement of the hose continues, often extending throughout
the entire circuit, and leading to leaks at other parts of the
hose. |
Many
expert witnesses have studied Entran II in connection with litigation.
Testing performed by these experts retained by homeowners has determined
that Entran II is defective as designed by Goodyear, that it is
not fit for use in hydronic radiant heating systems, and that it
must be replaced. To date, more than 2,000 homeowners have filed
claims with Heatway related to Entran II hose. It is believed that
many more homeowners who have not yet filed claims are also affected
by Entran II hose, although they may not be aware of the problem
because failure of Entran II often goes unnoticed and unreported
until significant property damage to the home occurs.
Entran
II Litigation
In
January 2002, the law firm of Rothgerber
Johnson & Lyons LLP (RJ&L) successfully tried the first
case brought by homeowners against the Goodyear Tire & Rubber Company
as a result defects in Entran II hose. The trial, which lasted six
weeks, was tried by RJ&L attorneys Richard
K. Clark, Michael
D. Plachy, and Kristin
M. Bronson. Within four hours of beginning its deliberations,
the jury returned a verdict in favor of RJ&L's clients on all claims.
Specifically, the jury found Goodyear liable for negligence, negligent
failure to warn, sale of a defective product, deceit based on fraud,
and violations of the Colorado Consumer Protection Act in connection
with Goodyear's design, manufacture, and sale of Entran II.
The
jury found that the six homeowners in the case had suffered nearly
$5.8 million in actual damages, and awarded punitive damages against
Goodyear in the same amount. Because Goodyear violated the Colorado
Consumer Protection Act, the judge in the case tripled the homeowners'
actual damages and awarded RJ&L's clients their attorneys' fees,
costs, and interest, for a total judgment of $22,666,598.51. Since
that time, other homeowners, from across the country, have explored
the possibility of filing litigation against Goodyear in their respective
states. For example, in August 2002, a group of homeowners in New
York, represented by RJ&L, filed a class action lawsuit on behalf
of all property owners with Entran II in New York.
This
site is intended to provide information to homeowners with hydronic
radiant heating and snowmelt systems using Goodyear's Entran II
about the problems with the hose, the ongoing litigation around
the country involving Entran II, and the rights of homeowners who
are affected by Entran II.
The
authors of this website, as well as preeminent experts and juries,
have concluded that Goodyear's Entran II is defective and must be
replaced. Goodyear, however, denies this, and blames any failures
of Entran II on improper design, maintenance, and operation of the
heating system. Goodyear has posted its views on this issue on its
website at www.goodyear.com/corporate/heatway.
|  |