GALVESTON – A Brazoria County resident claims his iPhone 6 injured him in his sleep earlier this year and is currently in a legal battle with Apple.

Luke Schilhab, of Lake Jackson, brought a product liability lawsuit against Apple in Brazoria County District Court last month. Galveston federal court took over the litigation on Dec. 5.

Per Schilhab, the smartphone did not work for nearly 36 hours but overheated and inflicted second degree burns on him last Apr. 17.

“The plaintiff feel asleep with the device turned off and unplugged, on top of the bed next to him,” court papers say.

“When he woke up, he rolled over onto the iPhone. The device was so hot, in a matter of seconds, it began burning his skin causing excruciating pain.”

Schilhab adds the burn site on the right side of his abdomen was marked by a large iPhone shaped burn and later erupted into painful blisters, for which he sought medical treatment.

Consequently, the complainant seeks unspecified monetary damages and a jury trial.

He is represented by attorneys Jason A. Gibson and Casey L. Jordan of The Gibson Law Firm in Houston while William Carroll Book, Jr. with the Tekell, Book, Allen & Morris Law Firm, also in Houston, serves as Apple’s counsel.

Galveston Division of the Southern District of Texas Case No. 3:17-CV-0369

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