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Jul. 4, 2009 | S.E. Texas' Legal Journal
 
NEWS

Insurance company takes plumber to court after line break

6/17/2008 1:18 PM
By John Suayan, Galveston Bureau

GALVESTON - An insurance company blames a plumbing business for maintaining an allegedly shoddy product which inflicted significant damage to a client's residence.

State Farm Lloyds, as subrogee of Arnold Schaub, is seeking $15,264.74 in damages from Price Pfister Inc. resulting from an incident in the 2000 block of Sierra Street in Kemah.

"On or about June 6, 2006, a water supply line developed a catastrophic leak, resulting in a substantial uncontrolled release into and throughout the property," states the original complaint. "The water caused damage to the real and personal property."

Schaub owned the home at the time of the leak, adds the complaint.

The suit further explains the chrome plated supply line "had been inspected and it has determined that the product failed as a result of a deteriorated black elastomer nose cone washer, which had decreased pliability."

"The decreased pliability of the nose cone washer caused the water to lose grip on the chrome-plated supply line, which allowed the coupling nut, friction ring, and washer to separate under water pressure from the supply line," it says.

"As a direct, proximate, and producing result of defendant's actions, State Farm Lloyds, as subrogee of Arnold Schaub, suffered damages to his real and personal property."

The lawsuit, filed in the 405th District Court on June 6, lists two counts of alleged wrongdoing. It is mentioned the plaintiff invokes the doctrine of strict liability against Price Pfister and aims to recover the following:

  • A judgment against defendant for actual damages in the amount of $15,264.74;
  • A judgment against defendant for pre- and post-judgment interest as provided by law;
  • A judgment against defendant for all costs of court and attorneys fees incurred by plaintiff; and
  • A judgment against defendant for such other and further relief, both general and specific, at law or in equity, to which plaintiff may be justly entitled.

    State Farm Lloyds is represented by attorney Brian R. Wesley.

    The case has been assigned to Judge Wayne Mallia.

    Case No. 08CV0590



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