This case was last updated from U.S. District Courts on 12/07/2021 at 06:59:42 (UTC).

Kastigar et al v. Mercedes-Benz USA LLC et al

Case Summary

On December 6, 2021, Richard J. Kastigar, Jr. and Denise Kastigar (“Plaintiffs”), represented by Avinoam Cohen of A Cohen Law Firm PC, filed a personal injury lawsuit against Mercedes-Benz USA, LLC and others (“Defendants” or “Mercedes”), seeking compensatory and punitive damages for the Defendants’ alleged negligence that caused physical injuries to the Plaintiffs. This case was filed in U.S. District Court in the District of Arizona with Judge D. Thomas Ferraro presiding.

 

In the complaint, the Plaintiffs alleged that, “The within action arises out of the concerted efforts of the Defendants to deceive, conceal and fraudulently misrepresent to the Plaintiffs and the public about the grave and serious dangers of a certain technology feature sold in select packages for Mercedes vehicles, including, without limitation, the Mercedes 2020 GLE 450 SUV, marketed and sold by the Mercedes Defendants as the “Power Closing Function.” The Plaintiffs then alleged that, “The PCF feature is inherently defective in that it lacks basic safeguards, including sensors, to avert the likelihood of personal injuries when the PCF electric motor is triggered, and the sensor latches the Mercedes door shut.”

 

The Plaintiffs further alleged that, “Mercedes continues to market, promote, sell and distribute vehicles with the hazardous PCF feature, and knowingly does so despite the risks it has gathered through studies, internal and external research, consumer complaints, and personal injury claims.” 

 

The Plaintiffs also alleged that, “Mr. Kastigar and Mrs. Kastigar returned home from a day of shopping. After pulling into the garage, Mrs. Kastigar exited the vehicle and entered the house. Mr. Kastigar exited the vehicle with his back to the car.” The Plaintiffs then alleged that, “Without notice, Mr. Kastigar felt his right thumb being crushed by the vehicle door. As it was happening, Mr. Kastigar turned his body to face the vehicle and could only witness in horror the last milliseconds when the PCF mechanism severed his thumb. Mr. Kastigar witnessed the top portion of his thumb being sliced off, with blood spurting everywhere.” The Plaintiffs further alleged that, “Mr. Kastigar experiences pain and sensitivity to his right thumb on a daily basis. He also faces daily embarrassment in living life with a deformed thumb which was solely caused – and could have been prevented – by Defendants’ negligence and apathy had they included reasonably available safety precautions in the design and manufacturing.”

 

There are fifteen claims for relief laid down by the Plaintiffs. The first claim alleged is for strict products liability- failure to warn. The second and third claims alleged are for strict products liability- manufacturing defect and design defect, respectively. The fourth and fifth claims alleged are for negligence and negligent misrepresentation. The sixth claim allege is for fraudulent concealment. The seventh and eighth claims alleged are for breach of implied warranty and breach of implied warranty of merchantability. The ninth claim alleged is for breach of express warranty. The tenth claim alleged is for breach of warranty under the Magnuson-Moss Warranty Act. The eleventh and twelfth claims alleged are for violation of Arizona’s Consumer Fraud Act and Violations of Disclosure of Automobile Information. The thirteenth claim alleged is for negligent infliction of emotional distress. The fourteenth claim alleged is for loss of consortium. The fifteenth claim alleged is for additional allegations regarding a claim for punitive damages.

 

In their prayer for relief, the Plaintiffs requested the Court for compensatory and punitive damages as a jury deems reasonable, plus costs and any other relief the Court deems just.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00501

  • Filing Date:

    12/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle Product Liability

Judge Details

Presiding Judge

D Thomas Ferraro

 

Party Details

Plaintiffs

Richard J Kastigar, Jr.

Denise Kastigar

Defendants

Mercedes-Benz USA LLC

Mercedes-Benz US International Incorporated

Mercedes-Benz AG

Mercedes-Benz Research & Development North America

Daimler AG

Attorney/Law Firm Details

Plaintiff Attorney

Avinoam Cohen

Attorney at A Cohen Law Firm PC

11 Sunrise Plz., Ste. 304

Valley Stream, NY 11580

 

Court Documents

#7

(#7) Additional Attachments to Main Document re: #1 Complaint Revised Civil Cover Sheet by Plaintiffs Denise Kastigar, Richard J Kastigar, Jr. (Cohen, Avinoam) (Entered: 12/06/2021)

6 #4

Summons

6 #3

Summons

6 #2

Summons

6 #1

Summons

#6

(#6) Summons Issued as to Daimler AG, Mercedes-Benz AG, Mercedes-Benz Research & Development North America, Mercedes-Benz US International Incorporated, Mercedes-Benz USA LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/06/2021)

#3

(#3) Filing fee paid, receipt number 0970-20127052. This case has been assigned to the Honorable D. Thomas Ferraro. All future pleadings or documents should bear the correct case number: CV-21-501-TUC-DTF. Magistrate Election form attached. (MCO) (Entered: 12/06/2021)

2 #4

Summons

2 #3

Summons

2 #2

Summons

2 #1

Summons

#2

(#2) SUMMONS Submitted by Denise Kastigar, Richard J Kastigar, Jr. (Cohen, Avinoam) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO) (Entered: 12/06/2021)

1 #4

Exhibit

1 #3

Exhibit

1 #2

Exhibit

1 #1

Civil Cover Sheet

8 More Documents Available
View All Documents

 

Docket Entries

  • 12/06/2021
  • View Court Documents
  • Docket(#7) Additional Attachments to Main Document re: #1 Complaint Revised Civil Cover Sheet by Plaintiffs Denise Kastigar, Richard J Kastigar, Jr. (Cohen, Avinoam) (Entered: 12/06/2021)

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  • 12/06/2021
  • View Court Documents
  • Docket(#6) Summons Issued as to Daimler AG, Mercedes-Benz AG, Mercedes-Benz Research & Development North America, Mercedes-Benz US International Incorporated, Mercedes-Benz USA LLC. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 12/06/2021)

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  • 12/06/2021
  • DocketRemark: Pro hac vice motion(s) granted for Avinoam Cohen on behalf of Plaintiffs Denise Kastigar, Richard J Kastigar, Jr. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#5) NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Richard J Kastigar, Jr., Denise Kastigar. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#4) NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Richard J Kastigar, Jr., Denise Kastigar. Pursuant to the Electronic Case Filing Administrative Policies and Procedures Manual Section II(B), attorneys are required to submit the automated Civil Cover Sheet when filing a new case. FOLLOW-UP ACTION REQUIRED: Please refile corrected document. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) (Entered: 12/06/2021)

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  • 12/06/2021
  • View Court Documents
  • Docket(#3) Filing fee paid, receipt number 0970-20127052. This case has been assigned to the Honorable D. Thomas Ferraro. All future pleadings or documents should bear the correct case number: CV-21-501-TUC-DTF. Magistrate Election form attached. (MCO) (Entered: 12/06/2021)

    Read MoreRead Less
  • 12/06/2021
  • View Court Documents
  • Docket(#2) SUMMONS Submitted by Denise Kastigar, Richard J Kastigar, Jr. (Cohen, Avinoam) (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(MCO) (Entered: 12/06/2021)

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  • 12/06/2021
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  • Docket(#1) COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-20127052 filed by Richard J Kastigar, Jr, Denise Kastigar. (Cohen, Avinoam) (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit)(MCO) (Entered: 12/06/2021)

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