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XAI THAO,
1791 82nd Street
New Richmond, WI 54017,
Plaintiff,
v.
APPLE INCORPORATED,
1 Infinite Loop
MS: 38-3TX
Cupertino, CA 95014,
Defendant.
______________________________________________________________________________
COMPLAINT
______________________________________________________________________________
Plaintiffs, State Farm Fire and Casualty Company and Xai Thao, for their Complaint
JURISDICTION
1332 as the plaintiffs and the defendant are citizens of different states, are diverse parties and the
1391(b)(2) because a substantial part of the events or omissions giving rise to the claims occurred
Case: 3:17-cv-00563-wmc Document #: 1 Filed: 07/20/17 Page 2 of 4
in this district and a substantial part of the property that is the subject of this action is situated in
this district.
PARTIES
3. Plaintiff, State Farm Fire and Casualty Company (State Farm), is an insurance
company licensed to sell insurance in the State of Wisconsin, with its principal place of business
4. Plaintiff, Xai Thao (Thao), is an adult resident of the State of Wisconsin residing
California with its principal place of business located at 1 Infinite Loop, MS: 38-3TX, Cupertino,
California. Apples registered agent for service of process is CT Corporation System, 818 W 7th
FACTS
7. At all times relevant and material hereto, Thao owned the home located at
8. Upon information and belief, Thao purchased an Apple iPhone 4s (the iPhone)
in 2014.
9. Neither Thao nor anyone else ever changed the battery in the iPhone.
10. On or about April 1, 2016, the iPhone failed, starting a fire in Thaos home.
event in the battery area of the iPhone as well as remnants of internal shorting, indicating that an
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Case: 3:17-cv-00563-wmc Document #: 1 Filed: 07/20/17 Page 3 of 4
12. Based upon information known at this time, there were no other potential fire
13. Further, preliminary investigations indicate that the heating event originated within
the internal battery area of the iPhone and that the damage to the iPhones battery was not caused
by fire attack.
14. At the time of the fire, State Farm had issued to Thao, and there was in full force
and effect, a policy of property insurance which insured Thao against the damages caused by the
iPhone. As required by the policy, State Farm paid Thao, or paid on her behalf, for the damages
caused by the iPhone less any applicable deductible, and is subrogated to the rights of Thao to the
15. As a result of the fire, Thao sustained losses that she was required to pay out of her
own pocket as the damages were not covered under State Farms policy of insurance.
17. The design, manufacture, and sale of the iPhone created a dangerous, unsafe, and
defective condition, which existed at the time the iPhone left the hands of Apple.
18. At the time the iPhone was designed, manufactured, and placed into the stream of
19. At all times material hereto, Apple was engaged in the business of designing,
20. The aforementioned iPhone was expected to, and did, reach its end user without
substantial change in the condition it was in when it left the business premises of Apple.
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Case: 3:17-cv-00563-wmc Document #: 1 Filed: 07/20/17 Page 4 of 4
21. As a direct and proximate result of Apples negligence in the design, manufacture,
and/or sale of the iPhone, Thao sustained damage to her personal property.
23. Apple was negligent in designing, manufacturing, and/or placing in the stream of
24. Apples negligence was the cause of the damages to Thaos property.
WHEREFORE, State Farm Fire and Casualty Company and Xai Thao demand
all taxable costs, fees and disbursements and all other just and equitable relief.
Dated this 20th day of July, 2017. YOST & BAILL, LLP