In a second amended complaint, 11 plaintiffs allege that multiple models of “Vortens” ceramic toilet tanks manufactured and sold by Porcelana Corona de Mexico, S.A. suffered from a defect that caused the tanks to spontaneously crack. The suit comes after the original case was partially dismissed and the plaintiffs’ motion for joinder was greenlighted December 2017.
The lawsuit states that after a number of the defendant’s toilet tanks suddenly failed, engineers investigating the matter found that the root of the apparent problem lied in a lack of sufficient quality control measures before the products were distributed. According to the case, the tanks suffered from “internal stresses in the ceramic construction” that aggravated the alleged cracking defect. Public knowledge of the flaw was minimal upon its discovery, the suit continues, because claims of the failure were handled via third party, through subrogation for large-loss matters, and on an individual, segregated basis by Porcelana’s customer service system.
The plaintiffs charge outright that the defendant knowingly distributed flawed ceramic toilet tanks despite possessing knowledge that those bearing the Vortens trademark suffered from integral, manufacturing-related defects. Though production of the tanks has ceased, the complaint claims those that may spontaneously crack are not confined to within a single production year, with the manufacturing issues linked to the defect dating “as far back as 2004.”