SHERMAN - After his home flooded when his water heater leaked, a Plano resident has filed a lawsuit against the water heater's manufacturer.
Calling the water heater "unreasonably dangerous," James A. Milton and Judy L. Milton filed suit against Bradford White Corp. on March 7, 2011 in Collin County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on April 15.
According to court records, on March 21, 2009, the Milton's water heater developed a leak which resulted in water damage totaling $107,574.
The defendant is accused of negligence, breach of express and implied warranties and product liability for failing to design, manufacture, test, inspect, sell, distribute and market the water heater in a safe manner, failing to provide quality control and failing to warn of the dangers associated with the water heater.
The plaintiffs are asking for an award equal to the property damage, plus damages for additional living expenses, attorney's fees, court costs and interest.
The plaintiffs are represented by Michael C. Wilson and Zachary M. Groover of Munck Carter in Dallas.
Case No. 4:11-cv-00208