On October 14, 2021, Justin Derr-Carney (“Plaintiff”), represented by Michael S. Katz of Lopez McHugh, LLP, filed an personal injury lawsuit against Sony Corporation of America (Sony America), Sony Group Corporation and Voopoo (collectively, “Defendants”), seeking compensatory damages, restitution, and disgorgement of profits along with cost of this proceeding among other relief for the alleged negligence of Defendants in manufacturing and selling a product that was at risk of exploding. This case was filed in the United States District Court in the Middle District of Pennsylvania with Judge Jennifer P. Wilson presiding.
In the complaint, Plaintiff alleged that, “E-cigarettes are battery operated devices that deliver nicotine through flavoring and other chemicals to users in the form of vapor instead of smoke” and “In 2017, the United States Fire Administration characterized the “combination of an electronic cigarette and a lithium-ion battery” as a “new and unique hazard” because there is “no analogy among consumer products to the risk of a severe, acute injury presented by an e-cigarette” and “Defendants knew or should have known, at all pertinent times hereto, of the risks of their product(s) exploding and causing injury to consumers.”
Plaintiff further alleged that, “Plaintiff Justin Derr-Carney purchased the Voopoo e-cigarette, which contained no warnings, and component parts, including the subject battery, from a store in Pennsylvania. The battery was manufactured by Sony, an N18650” and “Plaintiff had a spare battery for the vaping device in his right pants pocket, and the vaping device itself in his left pants pocket.” The Plaintiff then alleged that, “Plaintiff put his keys in his right pants pocket, where the spare battery was located” and “The ambulance stopped at a red light when, all of a sudden, Plaintiff heard a sizzling noise in his pocket. The spare battery exploded in Plaintiff’s pants pocket.”
Plaintiff also alleged that, “Defendants placed the subject battery in the stream of commerce with the knowledge that it would be used without inspecting for dangers or defects. Defendants knew, or should have known, that ultimate users or consumers, such as Plaintiff, would not or could not inspect these products for dangerous conditions, and that the detection of such defects and dangers would be beyond the capabilities of such persons.”
There are six claims of relief laid down by Plaintiff. The first claim is for the alleged Products Liability – Strict Liability—Manufacturing Defect. The second claim is for the alleged Products Liability – Strict Liability—Design Defect. The third claim is for the alleged Products Liability – Strict Liability—Failure to Warn. The fourth claim is for the alleged Products Liability – Negligence. The fifth claim is for the alleged breach of implied warranty of merchantability. The sixth claim is for the alleged violation of the Magnuson-Moss Act.
In the prayer for relief, Plaintiff requested the court for compensatory damages, past, present, and future damages, including, but not limited to, pain and suffering for severe and permanent personal injuries sustained by Plaintiff, and health and medical care costs, together with interest and costs; restitution and disgorgement of profits; reasonable attorneys’ fees; costs of these proceedings; all ascertainable economic damages; punitive damages; and any other relief the court deems just and proper.
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Pending - Other Pending
Jennifer P. Wilson
Sony Corporation of America
Michael S. Katz
Attorney at Lopez McHugh, LLP
214 Flynn Avenue
Moorestown, NJ 08057
Civil Cover Sheet
Docket(#2) Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (gs) (Entered: 10/14/2021)Read MoreRead Less
Docket(#1) COMPLAINT against Sony Corporation of America ( Filing fee $402, Receipt Number APAMDC-5725108), filed by Justin Derr-Carney. (Attachments: #1 Civil Cover Sheet)(gs) (Entered: 10/14/2021)Read MoreRead Less
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