A Hardin County woman claims a fire broke out because Kirkland's sold her the wrong type of oil for her lamp.
Rachel Clark filed a lawsuit Feb. 28 in Jefferson County District Court against Kirkland’s Stores and Taylor Ford.
In her complaint, Clark claims she attempted to utilize oil in an oil burner after buying oil from Kirkland’s Stores around May 14. However, the combination of the oil and the oil burner created a large flame, which burnt Clark and some of her personal property, according to the complaint.
Clark had visited the Kirkland’s store at Parkdale Mall in Beaumont around May 14 to buy oil for a Golden Sky Mosaic Oil Burner, which she was also purchasing from the store. While contemplating which oil to purchase, a Kirkland’s employee, Taylor Ford, helped her to find the proper oil that was a match to the burner, the suit states.
“These misstatements of fact would later prove to be blatantly false,” the complaint says.
Because of the flame that lept from the candle and burned Clark, she suffered property damage, incurred medical costs and lost earnings and her earning capacity, the suit states. She also suffered physical pain, mental anguish, physical impairment and physical disfigurement, the complaint says.
Clark blames Kirkland’s and Ford for causing her injuries, saying they were guilty of intentional infliction of emotional distress and of negligence.
In her complaint, Clark seeks actual, punitive and treble damages, plus pre- and post-judgment interest at the highest legal rate, costs, attorney’s fees and other relief the court deems just.
Ryan M. Schaper of Provost and Umphrey Law Firm in Beaumont will be representing her.
Judge Gary Sanderson, 60th District Court, has been assigned to the case.
Case No. B194-037