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Thursday, September 19, 2024

Homeowner Sues Frosty Inc Over Fire Damage Caused by Employee Negligence

State Court
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A major fire incident has led to a legal battle as a homeowner sues a company for damages caused by one of its employees. Kevin R. Beal filed the complaint in Harris County Civil Court at Law No. 1 on August 28, 2024, against Frosty, Inc.

According to the court filing, the incident occurred on May 15, 2023, when John Kyle, an employee of Frosty, Inc., was working on connecting a gas line to a smoker at Beal's residence. The connection was tested and deemed functional after Beal cooked some ribs. However, Kyle allegedly left the gas valve fully open instead of turning it off. This mistake led to an overheating smoker that reached temperatures over 2500 degrees Fahrenheit, igniting nearby wooden structures and causing extensive damage to Beal's backyard Palapa—a large outdoor structure used for gatherings.

The lawsuit claims that the fire not only destroyed the Palapa but also resulted in personal injury to Beal, who sustained burns while attempting to extinguish the blaze. The plaintiff asserts that Frosty Inc.'s negligence is evident as their employee's actions directly caused the fire and subsequent damages.

Frosty Inc.'s insurance company has denied liability, arguing that since Beal is also an employee of Frosty Inc., he was responsible for supervising Kyle’s work. They claim this relationship negates any liability on their part. However, Beal counters this argument by emphasizing that all employees work under supervision and that his employment status does not absolve Frosty Inc. from responsibility for damages caused by another employee.

Beal seeks monetary relief within the jurisdiction limits of the court and punitive damages if deemed appropriate by the judge. He also requests that an adjuster’s report be subpoenaed to validate his claim amount as further evidence of Frosty Inc.'s liability.

Representing himself in this case is Kevin R. Beal, with no other attorneys listed in the document. The case will be presided over by Judge Teneshia Hudspeth under Case ID No._1729744.

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