An update on the mattress lawsuit

I’ve been following this story when it came out in the news nearly a month ago. It has taken my interest because it just baffles me to learn how other people take great lengths to take advantage of each other, that today, there are even mattress lawsuits. To go to jail because you stole mattresses is absurd. But then, I actually sympathize somewhat (somewhat!)… the prices mattresses go for these days, they really are “prized possessions” people would steal for.

Here’s an update on that case: Defendant Represents Himself on Mattress Suit

A complaint, filed in February in U.S. District Court, Western District of Arkansas, by Tempur-Pedic International stated the company contracted with Waste to Charity, a New Jersey not-for-profit agency, to distribute 8,000 mattresses and other products valued at $15 million to charitable organizations working in areas stricken by Hurricane Katrina and other storms. The contract expressly prohibited selling the goods or distributing them for sale.

But Tempur-Pedic claims that Waste to Charity, owner Jack Fitzgerald of Sarasota, Fla., and several other groups and individuals sold and improperly distribute more than half of the goods.

Fitzgerald allegedly sold 5,500 foot comforters for $7,400 and 490 mattresses for $49,000 to a warehouse in Bowling Green, Ky.

The complaint also alleges he delivered 4,000 mattresses to Action Distributors Inc. and owner Thomas Scarcello.

Tempur-Pedic claims Scarcello, believed to be a Moffett resident, took those mattresses either to his Fort Smith warehouse or to a Booneville warehouse that formerly housed the Ace Comb factory, where he sold or tried to sell them.

The case is set for trial Feb. 11.

Photo from Aztempurpedic

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1 Response

  1. E teia says:

    Did you know that the donated mattresses were USED? Did you know there were NO covers on the mattresses?
    Do you know if the charity used the money it got to help people? HOW MUCH or WHAT did the company that donated them get in return?
    I hope someone can get all the facts out.

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