HOUSTON — A man alleges a UPS Store failed to properly package and ship a valuable, antique French mirror which resulted in its destruction.
Kenneth T. Fibich filed a complaint Sept. 19 in Harris County District Court against Rice Village Shipping LLC alleging breach of contract, breach of express warranty, violation of the Texas Deceptive Trade Practices Act and negligence.
According to his complaint, Fibich brought an antique French mirror to the defendant's UPS Store on April 14, 2022, to be shipped to Santa Fe, New Mexico for $320.31. He claims that upon receipt of the mirror, it was found to be destroyed. He alleges that the defendant assured the mirror could be packaged and shipped safely without breakage and was marked fragile.
Fibich further alleges the defendant breached the shipment contract by failing to deliver the mirror in a safe and unharmed manner. He claims the defendant has failed to take any action for the destruction of the antique mirror and that he relied upon the false and misleading representation that the mirror would arrive without damage to pay for the item's shipment. Fibich also claims the defendants failed to exercise a reasonable degree of care to ship the mirror without damage.
Fibich seeks monetary relief of $250,000 or less, interest, trial by jury and all other just relief. He is represented by Kelley Bogusevic of Fibich Leebron Copeland Briggs in Houston.
Harris County District Court case number 2022-59718