On August 28, 2018, a lawsuit was filed on behalf of eight individuals against Plug Power Inc. (the “Company”) and five corporate co-defendants in the 9 th Judicial District Court, Rapides Parish, Louisiana.
The lawsuit relates to the previously disclosed May 2018 accident involving a forklift powered by a Plug Power fuel cell at a Procter & Gamble facility in Louisiana. The lawsuit alleges claims against the Company and the co-defendants for defect in construction and/or composition, design defect, inadequate warning, breach of express warranty and negligence. The lawsuit claims an unspecified amount of damages for wrongful death and personal injuries, among other damages. The Company intends to vigorously defend the litigation.
Given the early stage of this matter, the Company is unable to determine the likelihood of an adverse outcome. However, the Company does not expect the lawsuit to have a material impact on the Company’s financial position, liquidity or results of operations, or to otherwise have a material adverse effect on the Company.
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