Soapy mess leads Beaumont couple to sue Whirlpool

David Yates Sep. 18, 2007, 5:16am

It may sound like a scene from an "I Love Lucy" episode, but "too much soap" in an overflowing dishwasher was no laughing matter for a Beaumont couple.

Sam and Melanie Bevilacqua claim their brand new Whirlpool dishwasher began malfunctioning after six months of use. When the couple complained, Whirlpool sent a contractor to inspect the dishwasher, who, in turn, told the Bevilacquas they had been using "too much soap."

Not too long after the inspection, the dishwasher broke down and partially flooded the couples' home, which caused "substantial water damage."

The couple filed their breach of contract lawsuit against Whirlpool and Evans Refrigeration and Appliance Services with the Jefferson County District Court on Sept, 12.

"Plaintiffs purchased a new dishwasher from Whirlpool," the suit said. "Just six months after installation, plaintiffs began having problems with the dishwasher. Upon experiencing these problems with their new dishwasher, Plaintiffs sought to have it inspected/serviced. Thereafter, Defendant Evans, by and through Royce P. Evans (an independent contractor selected by Defendant Whirlpool), inspected the dishwasher at which time he falsely advised Plaintiffs that the product was malfunctioning as a result of "too much soap."

"Yet, as it turns out, the dishwasher was defective," the suit said. "Consequently, after Evans' faulty inspection/servicing of the product, plaintiffs sustained substantial water damage throughout their home. As a direct result of Defendants' misrepresentations, negligence, fraud and/or breaches of warranties, Plaintiffs have incurred damages, as set forth below, in a sum within the jurisdictional limits of this court."

The plaintiffs are suing for general damages, valuation damages, cost of repair, loss of use, mental anguish, exemplary damages and all court costs.

They are demanding a trial by jury and are represented by attorney Brian Mazzola of the Law Office of David C. Bernsen.

Judge Donald Floyd, 172nd Judicial District, will preside over the case.

Case No. E180-012

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