
The filing came almost two months after the Aug. 22 explosion that occurred at the business, which ensued damage to the area and layoffs to workers.
“Fulton sold Smitty’s a defective thermal fluid heater, and J&M was negligent in its installation and/or maintenance of the heater, causing an incident that irreparably damaged Smitty’s Supply’s property and inventory, led to mass layoffs of our valued employees, and impacted the Roseland community,” Matthew Sherman, Smitty’s Supply attorney, said.
“At relevant times, the Fulton Thermals Fluid Heater at Smitty’s was being used in an intended and/or foreseeable manner when the fired occurred,” Sherman said. “Furthermore, Smitty’s in no way caused nor contributed to the fire, and Smitty’s regularly inspected and serviced the Fulton Thermal Fluid Heater.”
Four days after the explosion, on Aug. 26, a nine-page class action lawsuit was filed against Smitty’s alleging negligence and failure to “properly maintain its facility.”
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