This case was last updated from PACER on 10/15/2021 at 08:04:22 (UTC).

Derr-Carney v. Sony Corporation of America

Case Summary

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.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01750

  • Filing Date:

    10/14/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

Judge Details

Presiding Judge

Jennifer P. Wilson

 

Party Details

Plaintiff

Justin Derr-Carney

Defendant

Sony Corporation of America

Attorney/Law Firm Details

Plaintiff Attorney

Michael S. Katz

Attorney at Lopez McHugh, LLP

214 Flynn Avenue

Moorestown, NJ 08057

 

Court Documents

#1

1 #1

Civil Cover Sheet

#2

 

Docket Entries

  • 10/14/2021
  • View Court Documents
  • 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
  • 10/14/2021
  • View Court Documents
  • 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
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where SONY CORPORATION OF AMERICA is a litigant

Latest cases represented by Lawyer MICHAEL S. KATZ