CHARLESTON — A consumer is suing a home store and a heater manufacturer, citing alleged breach of express warranty, breach of implied warranty and negligence.
Martin Douglas filed a complaint in Kanawha Circuit Court against Rural King Inc. and Mr. Heater, alleging that they negligently and carelessly designed, manufactured and sold a defective product.
According to the complaint, Douglas alleges that in 2016 he purchased a Mr. Heater brand of a new and unused heater from Rural King. The heater exploded in his face while it was properly installed and used by Douglas. He returned it to Rural King for a full refund on Dec. 29, 2016. A test conducted by Douglas's ophthalmologist concluded that his eyesight was damaged by either a chemical burn or a burn from heat.
The plaintiff holds Rural King Inc. and Mr. Heater responsible because they allegedly represented the product to provide heat in one's home in a safe and effective manner when properly used.
The plaintiff requests a trial by jury and seeks general damages and special damages in an amount to be determined by the jury, pre-judgment interest according to law, cost of the suit and any further relief the Court deems proper. He is represented by Barbara Harmon-Schamberger in Ivydale.
Kanawha Circuit Court Case number 18C1569