An insurance company that had to pay out a claim of more than $89,000 for a fire that broke out at a property occupied by a customer is suing the manufacturers of the fan that allegedly caused the blaze.
Philadelphia attorney Peter J. Caltagirone, of the law firm Cozen O’Connor, filed the product liability lawsuit Aug. 25 at the Philadelphia Court of Common Pleas on behalf of Allstate Property and Casualty Insurance Co. based out of Northbrook, Ill.
The defendant named in the lawsuit is Broan-Nutone, LLC, a Wisconsin-based company that specializes in the design, manufacture and distribution of ceiling ventilation fans.
The lawsuit alleges that a fire that broke out at a property located at 3553 Frankford Ave. in Philadelphia was traced to a ceiling fan made by the defendant.
The property, which was occupied by Henry Salcedo, who is listed as a co-defendant, was insured by Allstate.
The complaint states that the fire, which broke out in the bathroom of the property on Feb. 7, 2010, caused $89,529.66 worth of damage. Allstate had to cover the damages as per the terms of its insurance policy with Salcedo.
The lawsuit accuses the defendant of negligence and strict liability for designing and distributing a ceiling fan with a known dangerous defect and failing to test the product for safeness before entering it into the stream of commerce.
The lawsuit also contains a count of breach of express and/or implied warranties.
For each of the three counts listed, the plaintiff seeks judgment against the defendant in an amount in excess of the $89,529.66 insurance claim, in addition to interest, attorney’s fees and other court costs.
A jury trial has been demanded.
The case number is 110803696.