This case was last updated from U.S. District Courts on 01/15/2022 at 08:08:23 (UTC).

ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY v. DELL INC. et al

Case Summary

On November 16, 2021, Endurance American Specialty Insurance Company (hereinafter, “Plaintiff” or “Endurance”), represented by Matthew Wesley Carlson of Matthew Carlson Law, filed a real property product liability lawsuit against Dell Inc. and Panasonic System Solutions Company of North America (“Defendants”), seeking declaratory reliefs, damages, pre-judgement and post-judgement interests and other reliefs for the Defendants’ alleged negligence. This case was filed in U.S. District Court in the District of Columbia with Judge Richard J. Leon presiding.

 

In the complaint, the Plaintiff alleged that, “Plaintiff’s insured, JBG Smith Properties, is the owner of the Atlantic Plumbing Apartments”. Plaintiff also allege that, “On or about January 24, 2020, a fire occurred in apartment #806 in the Atlantic Plumbing Apartments. The fire originated out of a Dell laptop computer owned by a resident of the Subject Property, Christopher Reed.”

 

The Plaintiff further alleged that, “The Dell laptop computer was left on a couch in the residence. While on the couch, the battery within the Dell laptop computer failed and exploded causing the couch to ignite.” The Plaintiff then alleged that, “This ignition resulted in the sprinkler system being activated.”

 

The Plaintiff also alleged that, “The water from the sprinkler system caused substantial damage to approximately 30 units, the bike room, the storage room and the laundry room of the Subject Property. As a result of the fire, the Subject Property suffered extensive damages. As a result of the resulting property damage, Plaintiff made payments to its insured in the sum of $445,633.05, and is legally, contractually, and equitably subrogated to the rights of its insured, and asserts all rights of its insured in this action.” The Plaintiff then alleged that, “The loss was due solely to the negligence and carelessness of Defendants and was due in no manner whatsoever to any actor failure to act on the part of Plaintiff or its insured, JBG Smith Properties.”

 

The Plaintiff also alleged that, “Defendant Dell had a duty to use due care in the design, development, manufacturing and distribution of the laptop computer so that the product was not defective.” The Plaintiff further alleged that, “Defendant Panasonic had a duty to use due care in the development, manufacturing, selling, marketing and distributing the Lithium-Ion battery so that the product was not defective. Defendant Panasonic breached its duty by placing the defective laptop computer and the lithium-ion battery contained within into the stream of commerce when it either knew or should have known of the defective nature of the laptop computer, and the potential harm to members of the general public and to the Plaintiff.”

 

There are four claims for relief laid down by the Plaintiff. The first and second claims are for alleged strict products liability and negligent products liability against Dell Inc. The third and fourth claims are for alleged strict products liability and negligent products liability against Panasonic Corporation.

 

In its prayer for relief, the Plaintiff demands judgment for damages in the amount of $445,633.05, reasonable costs incurred as a result of this lawsuit, pre- and post-judgment interest as provided by law, and any further relief as the Court deems just and reasonable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-03032

  • Filing Date:

    11/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Product Liability

Judge Details

Presiding Judge

Richard J. Leon

 

Party Details

Plaintiff

ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY

Defendants

DELL, INC.

PANASONIC SYSTEM SOLUTIONS COMPANY OF NORTH AMERICA

DELL INC.

Attorney/Law Firm Details

Plaintiff Attorney

Matthew Wesley Carlson

Attorney at Matthew Carlson Law

P.O. Box 5775

Arlington, VA 22205

Defendant Attorney

Anthony Michael Conti

Attorney at CONTI FENN LLC

36 South Charles Streetsuite 2501

Baltimore, MD 21201-3316

 

Court Documents

#9

(#9) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PANASONIC SYSTEM SOLUTIONS COMPANY OF NORTH AMERICA (Conti, Anthony) (Entered: 01/11/2022)

8 #1

Jury Demand

8 #8

Main Document

7 #1

Text of Proposed Order

7 #7

Main Document

#6

(#6) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DELL INC. (Conti, Anthony) (Entered: 12/29/2021)

5 #1

Jury Demand

5 #5

Main Document

#4

(#4) STANDING ORDER. Signed by Judge Richard J. Leon on 11/18/2021. (lcrjl2) (Entered: 11/18/2021)

3 #1

Notice and Consent

3 #3

Main Document

#2

(#2) ERRATA re Notice of QC- New Case, #1 Complaint, filed by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Carlson, Matthew) Modified on 11/18/2021 to add linkage and edit docket text (znmg). (Entered: 11/18/2021)

1 #3

Summons Summons Panasonic

1 #2

Summons Summons Dell

9 More Documents Available
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Docket Entries

  • 01/11/2022
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  • Docket(#9) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PANASONIC SYSTEM SOLUTIONS COMPANY OF NORTH AMERICA (Conti, Anthony) (Entered: 01/11/2022)

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  • 01/11/2022
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  • Docket(#8) ANSWER to Complaint with Jury Demand by PANASONIC SYSTEM SOLUTIONS COMPANY OF NORTH AMERICA. (Attachments: #1 Jury Demand)(Conti, Anthony) (Entered: 01/11/2022)

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  • 01/04/2022
  • DocketSet/Reset Deadlines: Answer due by 1/14/2022, (zjch, ) (Entered: 01/05/2022)

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  • 01/04/2022
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  • DocketMINUTE ORDER. Upon consideration of defendant's #7 Consent Motion to Extend the Deadline to Respond to Plaintiff's Complaint, it is hereby ORDERED that the motion is GRANTED nunc pro tunc. Defendant Panasonic Systems Solutions Company of North America shall respond no later than January 14, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 1/4/22. (lcrjl2) (Entered: 01/04/2022)

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  • 12/30/2021
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  • Docket(#7) Consent MOTION for Extension of Time to File Answer by PANASONIC SYSTEM SOLUTIONS COMPANY OF NORTH AMERICA. (Attachments: #1 Text of Proposed Order)(Conti, Anthony) (Entered: 12/30/2021)

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  • 12/29/2021
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  • Docket(#6) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DELL INC. (Conti, Anthony) (Entered: 12/29/2021)

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  • 12/29/2021
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  • Docket(#5) ANSWER to Complaint with Jury Demand by DELL INC.. (Attachments: #1 Jury Demand)(Conti, Anthony) (Entered: 12/29/2021)

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  • 11/18/2021
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  • Docket(#4) STANDING ORDER. Signed by Judge Richard J. Leon on 11/18/2021. (lcrjl2) (Entered: 11/18/2021)

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  • 11/18/2021
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  • Docket(#3) SUMMONS (2) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(znmg) (Entered: 11/18/2021)

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  • 11/18/2021
  • DocketCase Assigned to Judge Richard J. Leon. (znmg) (Entered: 11/18/2021)

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  • 11/18/2021
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  • Docket(#2) ERRATA re Notice of QC- New Case, #1 Complaint, filed by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Carlson, Matthew) Modified on 11/18/2021 to add linkage and edit docket text (znmg). (Entered: 11/18/2021)

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  • 11/18/2021
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  • DocketNOTICE OF ERROR re #1 Complaint; emailed to mcarlsonlaw@outlook.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmg, ) (Entered: 11/18/2021)

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  • 11/16/2021
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  • Docket(#1) COMPLAINT against ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8869157) filed by ENDURANCE AMERICAN SPECIALTY INSURANCE COMPANY. (Attachments: #1 Civil Cover Sheet Coversheet, #2 Summons Summons Dell, #3 Summons Summons Panasonic)(Carlson, Matthew) (Entered: 11/16/2021)

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