Allstate Vehicle and Property Insurance Company has taken legal action against Whirlpool Corporation and Bitron Ind. China Co., Ltd., accusing them of manufacturing a defective washing machine that caused significant water damage to a property they insured. The complaint was filed on October 23, 2024, in the Harris County Civil Court at Law No. 1 by Allstate Vehicle and Property Insurance Company as subrogee of Lori Nimmo.
The case centers around an incident that occurred on July 15, when a Whirlpool brand washing machine installed at Lori Nimmo's residence in Cypress, Texas, allegedly malfunctioned due to a poorly designed or manufactured cold water valve. This defect led to extensive flooding and subsequent damage to both real and personal property within the home. Allstate claims that the washing machine's failure resulted from negligence in its design, manufacture, sale, and distribution by both Whirlpool Corporation and Bitron Ind. China Co., Ltd.
Allstate's lawsuit includes multiple allegations against the defendants: strict liability for producing an unreasonably dangerous product, negligence for failing to exercise reasonable care in ensuring the safety of their product, and breach of express and implied warranties that guaranteed the washing machine was fit for ordinary use. "Defendants breached their duties to manufacture, sell and/or distribute a safe product," asserts Allstate in their petition.
The insurance company is seeking monetary relief not exceeding $25,000 for damages incurred due to the incident. They argue that these damages include costs associated with repairing the insured property as well as other related expenses. Furthermore, Allstate seeks pre-judgment interest but excludes post-judgment interest from this amount.
Representing Allstate is attorney Paul Vigushin from the Law Offices of Paul Vigushin in Richardson, Texas. The case has been assigned Case ID 1237855 under Judge Teneshia Hudspeth at Harris County Civil Court at Law No. 1.