Cook County couple sues in Madison County over fire alarm

Kelly Holleran Jun. 21, 2010, 12:56pm

A Cook County couple has filed suit against a smoke alarm manufacturer in Madison County, alleging the smoke alarm in their apartment failed to sound an alarm when a fire erupted.

Mahesh and Rupali Fuldeore claim they were living in an apartment at 1659 Woodduck Dr. in Wheeling when a fire occurred in their apartment on Oct. 29, 2008, while they were sleeping.

"At the time of the fire the apartment contained a properly located and powered smoke detector which was manufactured, designed, distributed, and sold by defendant, and which was being used as anticipated," the complaint filed June 11 in Madison County Circuit Court states. "The smoke detector failed to sound during the fire although there was sufficient smoke present to cause it to sound. As a result of this failure, plaintiffs were unable to escape the fire before suffering serious injuries."

Mahesh Fuldeore suffered burns to a large portion of his body resulting in disfigurement, scarring, loss of limbs and other body parts, loss of use of hands, kidney failure and infertility; endured smoke inhalation; experienced cuts, bruises, abrasions and other injuries; and suffered psychological, mental and emotional injuries, according to the complaint. Meanwhile, Rupali Fuldeore suffered cuts, lacerations, bruises, scarring and other injuries; suffered smoke inhalation; and suffered psychological, mental and emotional injuries, the suit states.

The couple blames defendant BRK Brands for causing their injuries, saying the company should have foreseen that by manufacturing a smoke detector in such a way that it did not sound an alarm would cause substantial damages.

In their six-count suit, the Fuldeores are seeking a judgment of more than $300,000, plus costs, expenses and other relief the court deems just.

The Fuldeores will be represented by Anthony S. Bruning and James C. Leritz of Leritz, Plunkert and Bruning in St. Louis.

Madison County Circuit Court case number: 10-L-618.

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