This case was last updated from PACER on 08/18/2021 at 07:26:21 (UTC).

ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY, v. HP INC.

Case Summary

On August 17, 2021, Allstate Vehicle and Property Insurance Company, as subrogee of Stephanie Wilson (“Plaintiff”), represented by Philip T. Carroll of Cozen O'Connor, filed a product liability lawsuit against HP Inc. (“HP” or “Defendant”), seeking damages along with pre-verdict interest and/or post-verdict interests among other relief for the alleged manufacture and distribution of defective laptops. This case was filed in the United States District Court in the Eastern District of Michigan with Judges David M. Lawson and Elizabeth A. Stafford presiding. 

 

In the complaint, the plaintiff alleged that, “On or about May 13, 2019, a fire occurred in the master bedroom at the Premises (the “Fire”)” and “Upon information and belief, the Fire originated from a HP Envy laptop computer that was located within the Premises at all relevant times (the “Laptop”).” The plaintiff alleged that, “The Fire was caused by a defect within the Laptop, including but not limited to a defect within one of the cells in the Laptop’s lithium-ion battery unit.The Laptop was manufactured and/or supplied by Defendant HP.”

 

Further the plaintiff alleged that, “HP designed, manufactured, marketed, distributed, sold, and/or placed into the stream of commerce the Laptop” and “The Laptop was defective and unreasonably dangerous at the time it left HP’s control.” The plaintiff also alleged that, “The Laptop was expected to and did reach the consumers, including but not limited to Stephanie Wilson, without substantial change” and “On information and belief, the Laptop remained in substantially the same condition and without any material alterations from the time it was sold until the date of the Fire.”

 

The plaintiff further alleged that, “The Laptop was defective in design and/or manufacture in that it could overheat, smoke and catch fire, posing fire and burn hazards to consumers” and “HP owed Wilson a duty to use reasonable care in the design, manufacturing, assembly, and sale of its Laptop, so that the Laptop was safe and free of defects.” 

 

The plaintiff also alleged that, “It was foreseeable to HP that if HP designed, manufactured, distributed, and sold a defective laptop and/or if HP failed to warn of such defect, purchasers of such defective products and/or property owners in whose residences such defective products were present could incur personal injury or property damage.”

 

There are two claims of relief laid down by the plaintiff. The first claim was for the alleged product liability against HP for designing, manufacturing, marketing, distributing, selling and/or placing into the stream of commerce, the allegedly defective Laptop. The second claim is for the alleged negligence against HP for breach of duty by designing, manufacturing, marketing, distributing, and selling the Laptop with the dangerous defect and/or by failing to warn of the defect. 

 

In its prayer for relief, the plaintiff requested the Court to enter judgment against Defendant HP Inc. for the damages alleged, for pre-verdict interest and/or post-verdict interest, and for such other and further relief as the Court may deem appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-11908

  • Filing Date:

    08/17/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Product Liability

Judge Details

Presiding Judge

David M. Lawson

Referral Judge

Elizabeth A. Stafford

 

Party Details

Plaintiff

ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY,

Defendant

HP INC.

Attorney/Law Firm Details

Plaintiff Attorney

Philip T. Carroll

Attorney at Cozen O'Connor

123 N. Wacker Dr., Suite 1800

Chicago, IL 60606-1293

 

Court Documents

#2

(#2) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs identifying Corporate Parent The Allstate Corporation for ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY,. (Carroll, Philip) (Entered: 08/17/2021)

1 #1

Document Continuation Civil Cover Sheet

#1

(#1) COMPLAINT filed by All Plaintiffs against HP INC. with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8580898 - Fee: $ 402. County of 1st Plaintiff: Cook - County Where Action Arose: Wayne - County of 1st Defendant: Santa Clara. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Document Continuation Civil Cover Sheet) (Carroll, Philip) (Entered: 08/17/2021)

 

Docket Entries

  • 08/17/2021
  • View Court Documents
  • Docket(#2) STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs identifying Corporate Parent The Allstate Corporation for ALLSTATE VEHICLE AND PROPERTY INSURANCE COMPANY,. (Carroll, Philip) (Entered: 08/17/2021)

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  • 08/17/2021
  • View Court Documents
  • Docket(#1) COMPLAINT filed by All Plaintiffs against HP INC. with Jury Demand. Plaintiff requests summons issued. Receipt No: AMIEDC-8580898 - Fee: $ 402. County of 1st Plaintiff: Cook - County Where Action Arose: Wayne - County of 1st Defendant: Santa Clara. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Document Continuation Civil Cover Sheet) (Carroll, Philip) (Entered: 08/17/2021)

    Read MoreRead Less
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