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This case was last updated from PACER on 06/11/2021 at 15:32:01 (UTC).

Battaglia v. Harbor Freight Tools USA Inc

Case Summary

On April 12, 2021, Amy Battaglia, as Personal Representative of the Estate of Stephen Battaglia (hereafter referred to as “Plaintiff”), represented by Thomas David Hoyle and William Taylor Carpentier Lacy of Motley Rice LLC, filed personal injury lawsuit against Harbor Freight Tools USA, Inc. (“Defendants”), seeking compensatory, exemplary and punitive damages for the alleged failure of jack stands resulting in the death of the Plaintiff. This case was filed in the U.S. District Court for the District of South Carolina with Judge Henry M. Herlong, Jr. presiding.

 

In its complaint, the Plaintiff alleged that “Defendant Harbor Freight operates roughly 1000 stores in at least 48 states that sell tools, including jack stands labeled “Pittsburgh Automotive” that come in at least 2 varieties of 3- ton jack stands, item numbers 61196 and 56371, and one variety of six-ton jack stands, item number 61197. On or about May 3, 2020, Defendant Harbor Freight recalled3 more than 1.2 million Pittsburgh Automotive  Ton Heavy Duty Steel Jack Stands manufactured between December 1, 2012 and December 1, 2019, which includes the subject jack stands. The recall was issued in cooperation with the NHTSA.”

 

The Plaintiff further alleged that “According to the recall notice, the jack stands were recalled because of a defect causing the potential for, while under load and with a shift in weight, the pawl of the jack stands to disengage from the extension lifting post, allowing the stand to drop suddenly, with the potential to injure or crush a person under the lifted car or truck, just as it did in this case.  On or about July 7, 2020, Defendant Harbor Freight issued a third recall7; this time involving a “welding defect” of the replacements for the previously recalled Pittsburgh Automotive 3 Ton Heavy Duty Jack Stands.”

 

The Plaintiff further alleged that “On June 6, 2020, a class action lawsuit was filed against Defendant Harbor Freight concerning the defective “Pittsburgh Automotive” jack stands that have been recalled. The class action was filed in the Central District of California, and is titled Mel Comes v. Harbor Freight Tools USA, Inc. (Case No. 2:20-cv-05451-DMG-KK). Since that time, multiple additional class action lawsuits have been filed around the country alleging defects in Defendant Harbor Freight’s jack stands similar or identical to those referenced herein.”

 

The Plaintiff even further alleged that “On or about April 20, 2018, the deceased, Stephen Battaglia, was working on his vehicle in his backyard located at 55 Fairview Street, Calhoun Falls, South Carolina 29628. He used the subject jack stands to hoist his vehicle. After some time, Stephen’s parents, Amy and Paul Battaglia found Stephen under the vehicle, with the subject jack stand collapsed nearby. According to the Coroner, the vehicle fell on Stephen Battaglia’s chest, killing him. He was 22 years old. These jack stands, including the subject jack stand, are unsafe due to inconsistencies in manufacturing caused by aging in the tooling. These inconsistencies make the stands inherently dangerous because they can collapse under a load causing danger, injury or death to nearby individuals and damage to property.”

 

There are three claims for relief laid down by the Plaintiff under the head of wrongful death and survival. The first claim is for Strict liability-  alleged manufacturing defect. The second claim is for alleged negligent manufacturing defects. The third claim is for alleged negligence, alleged gross negligence and alleged recklessness.

 

In its prayer for relief, the Plaintiff has requested the court for actual, compensatory, exemplary and punitive damages along with costs of suit to Plaintiff.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:21-CV-01062

  • Filing Date:

    04/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    U.S. District Courts

  • Courthouse:

    South Carolina District

Judge Details

Presiding Judge

Henry M Herlong, Jr

 

Party Details

Plaintiff

Amy Battaglia

Defendant

Harbor Freight Tools USA Inc

Attorney/Law Firm Details

Plaintiff Attorneys

Thomas David Hoyle

Attorney at Motley Rice LLC

28 Bridgeside Boulevard

Mt Pleasant, SC 29464

William Taylor Carpentier Lacy

Attorney at Motley Rice LLC

28 Bridgeside Boulevard

Mt Pleasant, SC 29464

Adam J Kress

Attorney at Johnson Becker PLLC

444 Cedar Street, Suite 1800

St Paul, MN 55101

Kenneth W Pearson

Attorney at Johnson Becker PLLC

444 Cedar Street, Suite 1800

St Paul, MN 55101

Defendant Attorneys

Clarence William McGee

Attorney at Gallivan White and Boyd PA

55 Beattie Place, Suite 1200

Greenville, SC 29601

William Chandler Swallow

Attorney at Clyde and Co US LLP

55 West Monroe Street, Suite 3000

Chicago, IL 60603

Clinton E Cameron

Attorney at Clyde and Co US LLP

55 West Monroe Street, Suite 3000

Chicago, IL 60603

 

Court Documents

14 #1

Application For Pro Hac Vice

#14

(#14) MOTION to Appear Pro Hac Vice by Kenneth W. Pearson ( Filing fee $ 350 receipt number 0420-9890888) by Amy Battaglia. Response to Motion due by 6/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application For Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Lacy, William Taylor) (Entered: 06/08/2021)

13 #1

Application For Pro Hac Vice

11 #1

Application for Pro Hac Vice

#11

(#11) MOTION to Appear Pro Hac Vice by Clinton E. Cameron (Filing Fee Receipt Number 0420-9886266, Filing fee $350), by Harbor Freight Tools USA Inc. Response to Motion due by 6/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(kmca) Filed by clerk because of system failure after fee had been collected (kmca) (Attachment 1 replaced on 6/7/2021: to replace with corrected document (address) as provided by filing user) (kmca). (Entered: 06/07/2021)

#10

(#10) MOTION to Appear Pro Hac Vice by William Chandler Swallow, (Filing Fee Receipt Number 0420-9886246, Filing fee $350), by Harbor Freight Tools USA Inc. Response to Motion due by 6/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(kmca) Filed by clerk because of system failure after fee had been collected (kmca) (Attachment 1 replaced on 6/7/2021: to replace with corrected document (address) as provided by filing user) (kmca). (Entered: 06/07/2021)

#8

(#8) Local Rule 26.01 Answers to Interrogatories by Harbor Freight Tools USA Inc.(McGee, Clarence) (Entered: 05/25/2021)

#7

(#7) ANSWER to #1 Complaint, by Harbor Freight Tools USA Inc.(McGee, Clarence) (Entered: 05/25/2021)

5 #1

Affidavit of Service

#5

(#5) SUMMONS Returned Executed by Amy Battaglia. Harbor Freight Tools USA Inc served on 4/14/2021, answer due 5/5/2021. (Attachments: #1 Affidavit of Service)(Hoyle, Thomas) Modified on 5/5/2021: to remove duplicate text (affidavit) (kmca). (Entered: 04/19/2021)

#4

(#4) Summons Issued as to Harbor Freight Tools USA Inc. (kmca) (Entered: 04/12/2021)

#3

(#3) Local Rule 26.01 Answers to Interrogatories by Amy Battaglia.(kmca) (Entered: 04/12/2021)

#1

(#1) COMPLAINT against Harbor Freight Tools USA Inc (Filing fee $402 receipt number 0420-9768259), filed by Amy Battaglia. Service due by 7/12/2021.(kmca) (Additional attachment added on 4/13/2021: as requested by and provided by filing user: #1 Exhibit A - Safety Recall Report) (kmca). (Entered: 04/12/2021)

11 More Documents Available
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Docket Entries

  • 06/08/2021
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  • Docket(#15) TEXT ORDER granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. Adam J. Kress and Kenneth W. Pearson added for Plaintiff. Entered at the direction of the Honorable Henry M Herlong, Jr on 6/8/21.(kmca) (Entered: 06/08/2021)

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  • 06/08/2021
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  • Docket(#14) MOTION to Appear Pro Hac Vice by Kenneth W. Pearson ( Filing fee $ 350 receipt number 0420-9890888) by Amy Battaglia. Response to Motion due by 6/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application For Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Lacy, William Taylor) (Entered: 06/08/2021)

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  • 06/08/2021
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  • Docket(#13) MOTION to Appear Pro Hac Vice by Adam J. Kress ( Filing fee $ 350 receipt number 0420-9890854) by Amy Battaglia. Response to Motion due by 6/22/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application For Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Lacy, William Taylor) (Entered: 06/08/2021)

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  • 06/07/2021
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  • Docket(#12) TEXT ORDER granting #10 Motion to Appear Pro Hac Vice; granting #11 Motion to Appear Pro Hac Vice. William Chandler Swallow and Clinton E. Cameron added for Defendant. Entered at the direction of the Honorable Henry M Herlong, Jr on 6/7/21.(kmca) (Entered: 06/07/2021)

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  • 06/04/2021
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  • Docket(#11) MOTION to Appear Pro Hac Vice by Clinton E. Cameron (Filing Fee Receipt Number 0420-9886266, Filing fee $350), by Harbor Freight Tools USA Inc. Response to Motion due by 6/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(kmca) Filed by clerk because of system failure after fee had been collected (kmca) (Attachment 1 replaced on 6/7/2021: to replace with corrected document (address) as provided by filing user) (kmca). (Entered: 06/07/2021)

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  • 06/04/2021
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  • Docket(#10) MOTION to Appear Pro Hac Vice by William Chandler Swallow, (Filing Fee Receipt Number 0420-9886246, Filing fee $350), by Harbor Freight Tools USA Inc. Response to Motion due by 6/18/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(kmca) Filed by clerk because of system failure after fee had been collected (kmca) (Attachment 1 replaced on 6/7/2021: to replace with corrected document (address) as provided by filing user) (kmca). (Entered: 06/07/2021)

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  • 05/25/2021
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  • Docket(#9) CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 6/14/2021, 26(a) Initial Disclosures due by 6/28/2021, Rule 26 Report due by 6/28/2021, Motions to Amend Pleadings due by 8/9/2021, Plaintiffs ID of Expert Witness due by 9/8/2021, Defendants ID of Expert Witnesses Due by 10/8/2021, Records Custodian Affidavit due by 10/8/2021, Discovery due by 11/8/2021, Motions due by 11/22/2021, Rule 26(a)(3) Disclosures due by 12/22/2021, Motion in Limine due by 1/7/2022, Pretrial Briefs due by 1/14/2022, Jury Selection Deadline 1/21/2022. Signed by Honorable Henry M Herlong, Jr on 5/25/21. (kmca) (Entered: 05/25/2021)

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  • 05/25/2021
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  • Docket(#8) Local Rule 26.01 Answers to Interrogatories by Harbor Freight Tools USA Inc.(McGee, Clarence) (Entered: 05/25/2021)

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  • 05/25/2021
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  • Docket(#7) ANSWER to #1 Complaint, by Harbor Freight Tools USA Inc.(McGee, Clarence) (Entered: 05/25/2021)

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  • 04/19/2021
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  • Docket(#5) SUMMONS Returned Executed by Amy Battaglia. Harbor Freight Tools USA Inc served on 4/14/2021, answer due 5/5/2021. (Attachments: #1 Affidavit of Service)(Hoyle, Thomas) Modified on 5/5/2021: to remove duplicate text (affidavit) (kmca). (Entered: 04/19/2021)

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  • 04/12/2021
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  • Docket(#4) Summons Issued as to Harbor Freight Tools USA Inc. (kmca) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#3) Local Rule 26.01 Answers to Interrogatories by Amy Battaglia.(kmca) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#1) COMPLAINT against Harbor Freight Tools USA Inc (Filing fee $402 receipt number 0420-9768259), filed by Amy Battaglia. Service due by 7/12/2021.(kmca) (Additional attachment added on 4/13/2021: as requested by and provided by filing user: #1 Exhibit A - Safety Recall Report) (kmca). (Entered: 04/12/2021)

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