12/30/2012 03:19 EST | Updated 03/01/2013 05:12 EST

Walmart Lawsuit: Gyula Kiss Did Not Personally Launch Court Action, B.C. Man Claims

In this Tuesday, Feb. 17, 2009, file photo, shoppers leave a Wal-Mart in Danvers, Mass. A week before Halloween and two full months before Christmas, stores are desperately trying to outdo each other in hopes of drawing in customers worn down by the economy. Wal-Mart, the biggest store in the nation, joined the price wars Monday, Oct. 24, 2011, by announcing that it would give gift cards to shoppers if they buy something there and find it somewhere else cheaper. (AP Photo/Lisa Poole)
VANCOUVER - A man from B.C. says he was surprised to see his name on a lawsuit against Wal-Mart because he didn't personally launch the court action.

The lawsuit alleges all the personal items of Gyula Kiss were destroyed Jan. 4, 2012 when a heater purchased at the retail giant sparked a fire and destroyed his home in the Okanagan community of Coldstream.

The lawsuit says Wal-mart and the heater's manufacturer had a duty to warn of any defects and ensure the heater was reasonably inspected before its sale.

But Kiss who is a former mayor and current municipal councillor says he only learned about the lawsuit while watching the news Friday night.

After talking to a lawyer Saturday, Kiss says he learned that while his name was on the court documents, it was his insurance company that registered the claim against Wal-Mart.

Neither Wal-Mart nor the heater's maker, Fusion Canada, have issued a reply to the court action and the allegations in the statement of claim have not been proven in court.

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