TYLER - An East Texas business has filed a breach of contract lawsuit after the business was damaged due to a frozen fire sprinkler system.
Hospice of East Texas filed suit against SimplexGrinnell on April 15 in Smith County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on May 2.
Hospice contracted with SimplexGrinnell to design and install a fire sprinkler system at its premises in Tyler. According to the allegations, on Jan. 9, 2010 a water loss occurred when the sprinkler system froze and broke. Hospice suffered significant damage to its property.
The defendant is accused of negligence, breach of express and implied warranty and breach of contract.
Hospice argues the defendant failed to design the sprinkler system in a reasonable safe manner, failed to provide proper and adequate quality control, and failed to hire competent contractors to design and install the sprinkler system.
The plaintiff is seeking an award of compensatory and economic damages, interest, attorney's fees and court costs.
Hospice is represented by Mark M. Moran and Zachary M. Groover of Munck Carter in Dallas.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 6:11-cv-00209