Recent Cases and Decisions

Other Fire/Flammability Cases

50 Million Alabama Verdict for Exploding Water Heater

An Alabama jury returned a 50 Million dollar verdict, which included 37.5 M in punitive damages, against manufacturer A.O.Smith Water Products Co. Oct. 18,2007, to the family of a 55 year old real estate broker, who was killed when he attempted to relight a pilot light with an electric starter button, causing an explosion of gas which had collected in the area. The family immediately had problems with the hot water heater after moving into their new Mobile, Al. home. The builder told the owner Kranz to contact the subcontractor who installed the heater, who in turn contacted the manufacturer after unsuccessful attempts to replace the thermocouple. The manufacturer sent a repairman to the home who was not familiar with the new 2003 industry safety standard which called for use of a FVIR (flammable vapor ignition resistant technology) device. He called the A.O. Smith Care center who directed him in replacing the control valve. The manufactuer's policy required the Co. to determine the qualifications of the contractor, which the repr. failed to do. The Co. further failed to verify the correct part number which resulted in installation of a 7 year old valve which destined the heater for an explosion. The error resulted in a collection of gas in the flue stack and into the garage, which ignited when Kranz clicked the restart button, which sent the garage door 145 feet into the street. Kranz was burned over 90% of his body, and died 4 days later.

Foster Law Firm filed suit in July, 2005 on behalf of a man and his wife whose electrical power was wrongfully terminated to their South Carolina mobile home, made by Fleetwood Homes of Georgia, Inc.  The power company, Progress Energy Carolinas, Inc., who wrongfully terminated the electrical power, forced them to use candles to see until the power issue could be addressed.  On April 27, 2005, the evening following the termination, a candle fell from a wall sconce, igniting the upholstered furniture made by Bassett Furniture Industries, which produced a quickly developing fire.  As Mrs. Graham exited the front door, the fire ventilated with fresh oxygen and Mr. Graham had to retreat to find alternative egress.  He unsuccessfully tried to operate the emergency egress window in his bedroom and was overcome by the smoke and toxic gases from the burning sofa, which had quickly filled rooms remote from the origin with dangerous combustion products.  Thankfully, Mr. Graham was rescued alive by firefighters but suffered burns over 17% of his body and serious pulmonary injuries from breathing the poisonous gases.  His medical bills total 1.13 million.  Graham claims the emergency egress windows were defective and that the smoke alarms installed by Fleetwood should have contained battery back-ups to allow operation during power outages.  The suit is styled Wallace Graham et al, v. Bassett Furniture Industries, Inc., Fleetwood Homes of Georgia, Inc., Progress Energy Carolinas, Inc. and Phillips Inc., Case number 4:05-CV-2895-TLW.

SIX DEATHS - FIVE INJURIES IN MOBILE HOME FIRE FUELED BY FOAM FILLED SOFA

Foster Law Firm was associated as counsel for plaintiffs in claims filed in May and July, 2004, against upholstered furniture maker Futuristic, Inc., of Bean Station, Tennessee, and a mobile home manufacturer, Oakwood Homes (now in bankruptcy). The claims arise out of a July 9, 2003 Jacksonville, North Carolina fire, started in the manufactured home occupied by the plaintiffs, by a mentally challenged child, who ignited a candle with a cigarette lighter.

The polyurethane foam filled couch, made by Futuristic, Inc., ignited and within minutes, filled the mobile home with intense heat as well as thick, black toxic smoke, trapping 6 of his siblings, who perished in the fire. His mother, along with help from neighbors, was finally able to break out a bedroom window, where 4 children were rescued, but sustained severe smoke inhalation injuries. The mother nearly bled to death from the lacerations caused by the large shards of glass which remained in the window frame, which was not made of safety glass.

The plaintiffs allege the sofa was excessively flammable and exhibited a high rate of fire growth, with release of high heat and toxic by-products of combustion. Plaintiffs allege construction defects in the manufactured home, including inadequate draft stops, emergency egress windows and smoke alarms. The cases are styled Boyd Tisdale, Administrator of the Estate of Amanda Leigh Ann Turner, Estate of Doreen Shavanet Oates, Estate of Jessie LaMont Oates, Jr., Estate of QuaNesh Maria Lavette Oates, Estate of Diamond Faith Carol Perez, and Estate of Angela Lynette Avila, vs. Futuristic, Inc. and Oakwood Homes Corporation, Case No. 04 CVS 1714 and Boyd Tisdale, Guardian ad Litem for Lauren Ashley Oates, Anthony Oates, Sharetha Lanae Oates, and Latasha Tashae Oates, and Mary Alice Turner, as mother of Lauren Ashley Oates, Anthony Oates, Sharetha Oates, Latasha Tashae Oates, vs. Futuristic, Inc., Case No. 04 CVS 2084 (Onslow County).