Mattress stain class action case in court Jan. 18

Steve Gonzalez Jan. 13, 2006, 3:48am

A Prairietown man who filed a class action complaint against Sealy Mattress and Famous Barr because they refused to replace his sagging, stained bed, will be in Madison County Circuit Judge Don Weber's courtroom Jan. 18 for a case management conference.

David Rook filed suit Feb. 18, 2005, the day before the Class Action Fairness Act took effect, alleging that the manufacturer and retailer refused to honor an "anti-sag" warranty to replace his bed because it had a stain.

In 2002, he says he paid $1,000 for a Sealy queen pillow top mattress at Famous Barr in Alton with a 10-year warranty. The bed sagged two years later and Sealy replaced it, this time with a Crown Jewel mattress.

Rook claims his replacement Crown Jewel also sagged and he wanted another replacement, but Sealy refused, citing a mattress stain 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 for "less than $50,000" per class member, including all compensatory damages, attorney fees and costs.

Founded in Sealy, Texas in 1881, Sealy is the largest bed maker in North America. The company is currently based in Trinity, N.C. It is represented by Belleville attorney John Kurowski.

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