Insurance company sued after home floods from defective faucet part

Michelle Keahey, East Texas Bureau May 13, 2013, 2:32pm

SHERMAN - A Frisco resident has filed a lawsuit against the manufacturer of the faucets installed in his home claiming that they failed and caused extensive flood damage.

Texas Farmers Insurance Co., as subrogee of Bradley R. Calley, filed suit against Kohler Co. on April 10 in Denton County Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on May 8. 

The defendant designed, manufactured, marketed, sold and distributed kitchen faucets including supply risers that connect to those faucets, which were installed in the home of Bradley Calley.

On Nov. 16, 2012, Calley’s home flooded when the stainless steel water supply riser failed. According to the lawsuit, the flood caused extensive damage to the real and personal property of Calley.

The defendant is accused of negligence for failing to design or manufacture the riser in a safe manner, , failing to properly and adequately design or manufacture the riser, selling or distributing a defective riser, failing to test the riser and for failing to act as reasonably prudent person would have under the same or similar circumstances.

The defendant is accused of strict liability, negligence, and breach of express and implied warranty.

The lawsuit is seeking an award of compensatory and economic damages for personal property, additional living expenses, costs of repair, court costs and interest.

The plaintiff is represented by Dallas attorney Paul Vigushin.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:13-cv-00260

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