Case 1:15-cv-00862-WDQ Document 1 Filed 03/24/15 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
________________________________________________
BANKERS STANDARD INSURANCE COMPANY,
:
as subrogee of Amy Elias
:
436 Walnut Street
:
Philadelphia, PA 19106
:
:
Plaintiff,
: Civil Action No. 1:15-cv-00862
:
v.
: JURY TRIAL DEMANDED
:
BRASSCRAFT MANUFACTURING COMPANY
:
39600 Orchard Hill Place
:
Novi, MI 48375
:
:
Defendant
:
________________________________________________:
COMPLAINT
Plaintiff, BANKERS STANDARD Insurance Company, as subrogee of Amy Elias, by
and through its undersigned attorneys, upon information and belief, hereby alleges as follows:
PARTIES
1.

Plaintiff, Bankers Standard Insurance Company (Bankers Standard), is a

Pennsylvania corporation with its principal place of business located at 436 Walnut Street,
Philadelphia, PA 19106, and at all times material hereto, was authorized to issue policies of
insurance in the State of Maryland.
2.

Defendant, Brasscraft Manufacturing Company (Brasscraft), is a California

corporation with its principal place of business located at 39600 Orchard Hill Place, Novi,
Michigan and, at all times material hereto, was engaged in the business of manufacturing and
distributing plumbing fixtures.

Case 1:15-cv-00862-WDQ Document 1 Filed 03/24/15 Page 2 of 5

JURISDICTION AND VENUE

3.

Jurisdiction is based upon diversity of citizenship pursuant to 28 U.S.C. 1332 in

that this is an action between citizens of different states and the amount in controversy, exclusive
of costs and interest, exceeds the sum of Seventy-Five Thousand Dollars ($75,000.00).
4.

Venue is properly laid in this judicial district because this is the judicial district in

which the claim arose.

FACTUAL ALLEGATIONS
5.

At all times material hereto, Amy Elias owned and resided at the real property

located at 5705 Visitation Lane, Baltimore, Maryland (the Property).

6.

At all times material hereto, Bankers Standard provided property insurance to

Elias for the Property.

7.

Before July 22, 2014, there was a toilet in the property.

8.

The toilets were installed using Brasscraft water supply lines.

9.

On or about July 22, 2014, a plastic nut for a Brasscraft water supply line attached

to a toilet (the Water Supply Valve) cracked, resulting in significant water damage to the
Property (the Incident).
10.

The Incident was the result of a defect in the Water Supply Valve designed,

manufactured and/or distributed by defendant Brasscraft.

11.

Pursuant to the terms of the aforementioned policy of insurance, to date, plaintiff

has reimbursed its insured in the amount of $318,000 for damages resulting from the Incident.
12.

In accordance with the common law principles of legal and equitable subrogation,

Bankers Standard is subrogated to the rights of its insured with respect to any claims against
defendant.

Case 1:15-cv-00862-WDQ Document 1 Filed 03/24/15 Page 3 of 5

COUNT I
STRICT LIABILITY
13.

Plaintiff incorporates by reference the foregoing paragraphs as though fully set

forth herein.
14.

The defendant designed, manufactured, distributed, supplied and/or placed into

the stream of commerce the Water Supply Valve, which was intended by the defendant to be
used by members of the general public, including persons such as plaintiffs insured.
15.

The Water Supply Valve was unreasonably dangerous and unsafe for its intended

use by reason of defects in its design and/or manufacture, which existed when the defendant
placed it into the stream of commerce.
16.

The Incident and resulting damages were proximately caused by the defects in the

Water Supply Valve.

17.

Defendant is strictly liable for the Incident and resulting damages pursuant to

Restatement (Second) of Torts 402(a), et seq.

WHEREFORE, plaintiff Bankers Standard demands judgment against defendant
Brasscraft in an amount in excess of THREE HUNDRED THOUSAND DOLLARS ($300,000),
excluding interest and costs.
COUNT II
BREACH OF WARRANTIES
18.

Plaintiff incorporates by reference the foregoing paragraphs as though fully set

forth herein.
19.

In designing, manufacturing, distributing, selling and/or supplying the Water

Supply Valve, defendant expressly and impliedly warranted that it was fit for the particular and
ordinary purpose for which it was intended and that the Water Supply Valve was of good and
merchantable quality.

Case 1:15-cv-00862-WDQ Document 1 Filed 03/24/15 Page 4 of 5

20.

By designing, manufacturing, distributing, selling and/or supplying the Water

Supply Valve in a defective and unreasonably dangerous condition as heretofore described,

defendant breached its express and implied warranties.
21.

Upon discovery of the aforesaid breaches of warranty, plaintiff gave prompt and

reasonable notice to defendant, but defendant has failed and refused to reimburse plaintiff for the
aforementioned damage.
22.

As a direct and proximate result of the above-referenced breaches of warranties,

the Incident occurred and caused substantial damage to plaintiff.

WHEREFORE, plaintiff Bankers Standard demands judgment against defendant
Brasscraft in an amount in excess of THREE HUNDRED THOUSAND DOLLARS ($300,000),
excluding interest and costs.
Respectfully submitted,
STRAVITZ LAW FIRM, PC

By:

/s/ Eric N. Stravitz

Eric N. Stravitz (Bar No. 23610)
4300 Forbes Boulevard
Suite 205
Lanham, MD 20706
O: (240) 467-5741
F: (240) 467-5743
E: eric@stravitzlawfirm.com
Counsel for Plaintiff

OF COUNSEL:
WILLIAM N. CLARK, JR.
COZEN OCONNOR
1900 Market Street
Philadelphia, PA 19103
O: (215) 665-4101
F: (215) 665-2013
wclark@cozen.com

Case 1:15-cv-00862-WDQ Document 1 Filed 03/24/15 Page 5 of 5

DEMAND FOR JURY TRIAL

Plaintiff respectfully requests a trial by jury in the above-captioned matter.

/s/ Eric N. Stravitz

Eric N. Stravitz (Bar No. 23610)