Flooded home lands Tom's Plumbing in hot water

CHARLESTON - The insurance company of a woman whose hot water heater burst is suing the South Charleston company that installed it.

State Farm Fire and Casualty Company, acting as subrogee of Nellie F. Frazier, filed the lawsuit May 4 in Kanawha Circuit Court against Tom's Plumbing, doing business as Mullen Plumbing, Heating and Cooling.

LSP of Carson City, Nev., is also listed as a defendant. That company manufactures a steel-braided water supply line that State Farm, through attorney Paul A. Burns, claims is responsible for damage to Frazier's home on Beaumont Road in Charleston.

Burns is of Martinsburg law firm Martin and Seibert.

The lawsuit alleges that Frazier purchased a hot water heater from Tom's Plumbing on June 3, 2002, that contained one of the supply lines made by LSP.

On May 11, 2004, State Farm says the supply line burst, causing $8,309.38 worth of damage.

"Without warning and without any act on the part of Ms. Frazier, the water supply line to the hot water heater ruptured and burst, sending water throughout her basement and causing damage to various areas of her residence," the complaint says.

State Farm is seeking to recover the money it paid to Frazier, as well as the $500 deductible she was forced to pay.

The complaint says damage was done to her personal property in the amount of $452. Another $1,534.24 was paid toward water extraction and repair costs totaled $5,823.14.

The defendants are charged with negligence and breaches in implied and express warranties.

Judge James Stucky has been assigned the case.

Kanawha Circuit Court case number 06-C-836