SOUTHEAST TEXAS RECORD

A Dallas County couple brought a lawsuit against a Wisconsin-based group of companies for alleged product liability in 2013.

Through the Provost Umphrey Law Firm Jacqueline Tomsic and Kevin Tomsic filed against Real Flame Company Inc.; Jensen Metal Products Inc.; and JMP Holdings Inc., all of Houston, in the Lufkin Division of the Eastern District of Texas on June 2, claiming product negligence.

According to the filing, the couple purchased a case of Real Flame gel fuel ("gel fuel") designed, manufactured, marketed, and sold by Defendant Jensen Metal Products, d/b/a Real Flame. The suit states that when Jacqueline Tomsic removed a can of the gel fuel from the case on or about June 16, 2013, allegedly following the instructions. The product exploded and caused significant burns to her body, face, head, chest, torso and limbs.

Alleging scarring and disfigurement, the suit states that Jacqueline has undergone numerous surgeries and burn treatments. The defendants are cited with strict liability and breach of warranty in failing to provide adequate warnings on the gel fuel labels; neglecting to disclose its potential for explosion and warn the plaintiff of the gel fuel’s true dangers; and allegedly engaging in negligent manufacturing, design and marketing.

Citing pain, suffering, trauma; lost wages and earning capacity; impairment and disfigurement; loss of spousal society, and medical expenses, the plaintiffs seek compensation in excess of $75,000; pre- and post-judgment interest; attorney’s fees; expenses, and costs.

The couple is represented by Joe Fisher II of Provost*Umphrey Law Firm in Beaumont.

Lufkin Division of the Eastern District of Texas Case 9:15-cv-00078-MHS