Suit alleging Lowe's sold toxic ceiling fan transferred to federal court
A suit alleging Lowe's Home Centers sold a family a ceiling fan that emitted toxic formaldehyde has been transferred to federal court.
As previously reported, on behalf of their minor daughter Jenna, Scott and Sherry Wade filed suit against Lowe's on Aug. 30 in Jefferson County District Court
Court records show that Houston attorney Bradley Bingham of Bingham, Mann & House filed a notice of removal on behalf of Lowe's on Sept. 23, transferring the case to the U.S. District Court for the Eastern District of Texas, Beaumont Division.
The notice states that removal is proper because there is complete diversity of citizenship and the amount in controversy exceeds $75,000.
The original petition states that sometime in December 2009 the Wades purchased a Harbor Breeze celling fan from Lowe's and installed it in their daughter's room.
Soon after the fan was installed, Jenna allegedly began suffering from seizures, rashes, headaches, memory loss and vomiting. Her symptoms forced her parents to take her out of public school and place her in home school.
The Wades eventually learned the celling fan was emitting formaldehyde and responsible for Jenna's condition, the suit alleges.
Beaumont attorney Michael McGown of Benckenstein, Norvell & Nathan represents the Wades.
Judge Gary Sanderson, 6oth District Court, was originally assigned to the case.
Jefferson County case No. B190-742
Federal case No. 1:11-cv-00483