CHARLESTON -- Jack and Pam's is suing Wal-mart Stores, Inc., and General Electric Company after they claim they are responsible for property damages caused by a fire.

Jack and Pam's is doing business as Porker's Bar-B-Q.

On June 15, 2006, Jack Bruer and Pam Napier, the owners of Jack and Pam's, purchased a General Electric freezer from Wal-mart Stores, Inc., for their business, according to a complaint filed Aug. 9 in Kanawha Circuit Court.

On Aug. 19, 2009, the plaintiffs claim the freezer caught fire and destroyed the business premises of the restaurant.

The cause of the fire was investigated and was found to have occurred due to a malfunction with the compressor unit and/or power cord of the GE chest freezer, according to the suit.

The plaintiffs claim the defendants knew or should have known of the hazards associated with the use of the freezer.

Prior to selling and placing the freezer into the stream of commerce, the defendants knew or should have known that the freezer "was potentially dangerous and that the potential dangers and hazards posed to those using and operating...the freezer would be unknown, hidden or concealed," the complaint states.

The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are being represented by Brent K. Kesner and Daniel W. Greear.

The case has been assigned to Circuit Judge Tod J. Kaufman.

Kanawha Circuit Court case number: 11-C-1321




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