This case was last updated from PACER on 05/29/2021 at 11:37:51 (UTC).

NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA v. ELECTROLUX NORTH AMERICA, INC. et al

Case Summary

On March 30, 2021, Nationwide Affinity Insurance Company (“Nationwide” or “Plaintiff”) as a subrogee of Jay and Jill Newnum (“Newnums”), represented by Marisa L. Saber of Cozen O’Connor filed a Personal Injury lawsuit against Electrolux North America, INC., Electrolux Home Products, INC., Midea America CORP., Midea (U.S.A.), INC., (“Electrolux”) and GD Midea AIR Conditioning Equipment CO., LTD. (“Midea America”), (collectively, “Defendants”), seeking damages in excess of $500,000 for the injury caused to newnums from the Frigidaire dehumidifier manufactured by Defendants. This case was filed in U.S. District Court in the Southern District of Indiana with Judge Doris L. Pryor and Judge Sarah E. Barker presiding.

The Plaintiffs filed this complaint for the substantial damage and destruction to the real and personal property of Newnums, due to Fire Erupted in Frigidaire dehumidifier (“Subject Loss”), which is used for the purposes of controlling and/or altering the levels of humidity and moisture in the air, improving the home environment, and protecting consumers and consumers households from mold, mildew, and certain aerial bacteria, and these were designed & manufactured by the defendants.

In the complaint, Plaintiff alleged that “Electrolux, its agents, servants and or/employees breached the duties by Failing to adequately and safely design and/or assemble the wiring connections at or near the Dehumidifier’s compressor; Failing to adequately test and inspect the wiring connections at or near the Dehumidifier’s compressor; Failing to incorporate appropriate thermal protection devices; Designing, developing and manufacturing the Dehumidifier in a manner such that it was susceptible to internal failure and that Failing to ensure that the Dehumidifier was appropriately, adequately and safely manufactured such that it was not designed and assembled in such a way that it was susceptible to the risk of failure and fire at the time it was sold to consumers.” Plaintiff further alleged that “The connections at or near the Dehumidifier’s compressor were, as designed and manufactured, inadequate and unsafe such that the risk of failure and fire was present; The Dehumidifier lacked appropriate materials that would adequately and safely resist combustion when exposed to heat generated by operation.”

 

Furthermore, it is alleged by Plaintiff that “Midea America and Midea China, its agents, servants and or/employees breached the duties by Failing to adequately and safely design and/or assemble the wiring connections at or near the Dehumidifier’s compressor; Distributing, marketing and selling the Dehumidifier in a condition such that it was susceptible to the risk of failure and fire; Failing and/or omitting to do and perform those things necessary in order to avoid an unreasonable risk of harming the Newnums’ real and personal property; and Failing to warn consumers, including the Newnums, of the substantial risk of fire and/or similar peril presented by the manufacture and/or design and normal use of the Dehumidifier.”

There are six claims for relief laid down by Plaintiff. These Claims are for negligence, strict product liability, breach of express and implied warranties against Electrolux Defendants, Negligence, strict products liability, and breach of express and implied warranties against Midea America and Midea China Defendants for the substantial losses suffered by the Newnums.

In the prayer for relief, Plaintiff has requested the court to pass judgment in its favor and against Midea America Corp., Defendant Midea (U.S.A.) INC., and Defendant GD Midea Air Conditioning Equipment Co., Ltd., in an amount in excess of $500,000.00, together with interest, the costs of this action.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00773

  • Filing Date:

    03/30/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Product Liability

Judge Details

Referral Judge

Doris L. Pryor

Presiding Judge

Sarah Evans Barker

 

Party Details

Plaintiffs

Nationwide Affinity Insurance Company of America, as subrogee of Jay and Jill Newnum

NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA

Defendants

Electrolux North America, Inc.

GD Midea Air Conditioning Equipment Co., Ltd.

Midea America Corp.

Electrolux Home Products, Inc.

Midea (U.S.A.) Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Marisa L. Saber

Attorney at COZEN O'CONNOR

123 N. Wacker Dr., Suite 1800

Chicago, IL 60606

Defendant Attorney

Houston Hum

Attorney at REMINGER CO. LPA (Indianapolis)

8909 Purdue Road, Suite 200

Indianapolis, IN 46268

 

Court Documents

#25

24 #1

Text of Proposed Order on Defendant's Motion to Vacate Telephonic Pre-trial

#24

#23

#22

#21

#20

#19

#18

#7

#6

#5

#4

#3

#2

1 #2

Proposed Summons Proposed Summons All Defendants

1 #1

Civil Cover Sheet Civil Cover Sheet

#1

18 More Documents Available
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Docket Entries

  • 05/24/2021
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  • Docket(#25) ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within sixty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Doris L. Pryor on 5/24/2021.(SWM) (Entered: 05/25/2021)

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  • 05/21/2021
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  • Docket(#24) NOTICE of Settlement AND Motion to Vacate Telephonic Initial Pre-Trial Conference, as to Defendants MIDEA AMERICA CORP., ELECTROLUX HOME PRODUCTS, INC., ELECTROLUX NORTH AMERICA, INC., MIDEA (U.S.A.) INC., filed by MIDEA AMERICA CORP., ELECTROLUX HOME PRODUCTS, INC., ELECTROLUX NORTH AMERICA, INC., MIDEA (U.S.A.) INC. (Attachments: #1 Text of Proposed Order on Defendant's Motion to Vacate Telephonic Pre-trial Conference) (Hum, Houston) (Entered: 05/21/2021)

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  • 05/14/2021
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  • Docket(#23) SCHEDULING ORDER: Initial Pretrial Conference set for 6/9/2021 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Doris L. Pryor. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. See Order for additional information. Signed by Magistrate Judge Doris L. Pryor on 5/14/2021.(SWM) (Entered: 05/17/2021)

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  • 04/28/2021
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  • Docket(#22) AFFIDAVIT of Service for Alias Summons and Complaint served on Electrolux North America c/o Corporation Trust Company on 4/16/2021, filed by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Saber, Marisa) (Entered: 04/28/2021)

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  • 04/23/2021
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  • Docket(#21) Corporate Disclosure Statement by ELECTROLUX NORTH AMERICA, INC.. (Hum, Houston) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#20) Corporate Disclosure Statement by MIDEA AMERICA CORP.. (Hum, Houston) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#19) Corporate Disclosure Statement by MIDEA (U.S.A.) INC.. (Hum, Houston) (Entered: 04/23/2021)

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  • 04/23/2021
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  • Docket(#18) Corporate Disclosure Statement by ELECTROLUX HOME PRODUCTS, INC.. (Hum, Houston) (Entered: 04/23/2021)

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  • 04/22/2021
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  • Docket(#17) NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant MIDEA AMERICA CORP.. (Hum, Houston) (Entered: 04/22/2021)

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  • 04/22/2021
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  • Docket(#16) NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendant MIDEA (U.S.A.) INC.. (Hum, Houston) (Entered: 04/22/2021)

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5 More Docket Entries
  • 04/12/2021
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  • Docket(#10) AFFIDAVIT of Service for Summons and Complaint served on Midea (U.S.A.) Inc., c/o Corporation Service Company dba CSC Lawyers, Inc. on 4/5/2021, filed by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Saber, Marisa) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#9) AFFIDAVIT of Service for Summons and Complaint served on Midea America Corp. c/o Corporation Service Company on 4/6/2021, filed by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Saber, Marisa) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#8) AFFIDAVIT of Service for Summons and Complaint served on Electrolux North America, Inc., c/o Corporation Trust Company on 4/2/21, filed by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Saber, Marisa) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#7) AFFIDAVIT of Service for Summons and Complaint served on Electrolux Home Products, Inc. c/o Corporation Trust Company on 4/2/21, filed by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Saber, Marisa) (Entered: 04/12/2021)

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  • 04/01/2021
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  • Docket(#6) Corporate Disclosure Statement by NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA identifying Corporate Parent NATIONWIDE MUTUAL INSURANCE COMPANY for NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA.. (Saber, Marisa) (Entered: 04/01/2021)

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  • 03/31/2021
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  • Docket(#5) NOTICE of Appearance by Marisa L. Saber on behalf of Plaintiff NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA. (Saber, Marisa) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#4) MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#3) Summons Issued as to ELECTROLUX HOME PRODUCTS, INC., ELECTROLUX NORTH AMERICA, INC., GD MIDEA AIR CONDITIONING EQUIPMENT CO., LTD., MIDEA (U.S.A.) INC., MIDEA AMERICA CORP.. (REO) (Entered: 03/31/2021)

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  • 03/30/2021
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  • Docket(#2) Corporate Disclosure Statement by Nationwide Affinity Insurance Company of America, as subrogee of Jay and Jill Newnum identifying Corporate Parent NATIONWIDE MUTUAL INSURANCE COMPANY for Nationwide Affinity Insurance Company of America, as subrogee of Jay and Jill Newnum.. (Saber, Marisa) (Entered: 03/30/2021)

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  • 03/30/2021
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  • Docket(#1) COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6486090) (Attachments: #1 Civil Cover Sheet , #2 Proposed Summons )(Saber, Marisa) Modified on 3/31/2021 (REO). (Entered: 03/30/2021)

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