Mattress stain leads to class action lawsuit

Steve Gonzalez Feb. 22, 2005, 1:01pm

Plaintiff's Attorney Bob Perica

Prairietown's David Rook hopes class action justice will solve his sleeping woes.

Rook filed suit Feb. 18 against Sealy Mattress Company and Famous Barr, charging they refused to honor a warranty to replace his sagging bed because it has a stain.

In 2002, he says he paid $1,000 for a Sealy queen pillow top at Famous Barr in Alton with a ten year warranty. The bed sagged two years later and Sealy replaced it, this time with a Crown Jewel mattress.

Now Rook claims his Crown Jewel is sagging and he wants another replacement but Sealy has refused, citing a stain that voids his warranty.

According to his complaint, Rook and potential class members were deceived and would not have purchased the mattress if they knew a stain would void the warranty.

Represented by Bob Perica of Alton, Rook is seeking damages under the Illinois Consumer Fraud and Deceptive Practices Act of but "less than $50,000" per class member, including all compensatory damages, attorney fees and costs.

Founded in Sealy, Tx. near Houston in 1881, Sealy is the largest bed maker in North America. The company is currently based in Trinity, NC.

05 L 202 (3rd Circuit)

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