On September, 20, 2021, Tyler Newton (“Plaintiff”), represented by Angela J. Nehmens of Levin Simes Abrams LLP, filed a product liability lawsuit against AMV Holdings LLC, d/b/a Madvapes (“Madvapes”), Samsung SDI Co. Ltd and DOES 1-50 (collectively, “Defendants”), seeking compensatory and exemplary damages, costs and reasonable attorney’s fees, and other relief for personal injuries suffered as a result of explosion of a lithium-ion battery in his pocket. This case was filed in the United States District Court in the District of Massachusetts.
This case stems from injuries Mr. Newton allegedly suffered after a lithium-ion battery unexpectedly and without warning exploded in his pocket. Defendants were involved in the manufacture, advertising, importing/exporting, marketing, and sale of the subject Samsung lithium-ion battery. Plaintiff brings this action seeking recovery for damages resulting from Defendants’ unlawful conduct. Plaintiff respectfully seeks damages, costs, and reasonable attorney’s fees.
In the complaint, the Plaintiff alleged that, “Defendant Madvapes , Samsung SDI Co. Ltd., and Does 1-5 owed Plaintiff a duty to exercise reasonable care to warn consumers, buyers, and end-users of the dangers posed by their products when used for their normal, intended purpose.”
Plaintiff also alleged that, “Defendant Madvapes, Samsung SDI Co. Ltd., and Does 1-5 owed Plaintiff and other foreseeable users of e-cigarettes, lithium-ion batteries, and other component parts, a duty to disclose and warn of the ever-growing knowledge that e-cigarettes and lithium-ion batteries have a propensity to ignite, explode, and/or otherwise combust while being used for the ordinary purpose for which they were intended.”
Further, Plaintiff alleged that, “As a proximate result of Defendant Madvapes , Samsung SDI Co. Ltd., and Does 1-5 negligence, Tyler Newton suffered personal injury including but not limited to second burns to his left leg and first degree burns to the third and fourth fingers of his left hand. Plaintiff is entitled to recover the damages sought in this Complaint.”
There are seven claims for relief laid down by the plaintiff. The first claim for relief is for alleged negligence resulting from failure to warn. The second claim is for alleged defective design. The third claim is for alleged negligent manufacture. The fourth claim is for alleged strict liability. The fifth claim is for alleged negligence. The sixth claim is for alleged breach of implied warranty and seventh claim is for alleged breach of implied warranty of fitness for a particular purpose.
In the prayer for relief, Plaintiff has requested the court to pass an order for an award of general, special, incidental, and consequential damages including costs, disbursements and reasonable attorneys' fees incurred. Plaintiff also requested the court for the opportunity to amend or modify the provisions of the complaint as necessary or appropriate after additional or further discovery is completed in this matter, and after all appropriate parties have been served, along with further relief as the court may deem just and proper.
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Pending - Other Pending
AMV Holdings LLC, d/b/a Madvapes
Samsung SDI Co. Ltd
DOES 1 through 50, inclusive
Angela J. Nehmens
Attorney at Levin Simes Abrams LLP
1700 Montgomery Street, Suite 250
San Francisco, CA 94111
Civil Cover Sheet
Docket(#2) ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (Kelly, Danielle) (Entered: 09/20/2021)Read MoreRead Less
Docket(#1) COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-8960054 (Fee Status: Filing Fee paid), filed by Tyler Newton. (Attachments: #1 Civil Cover Sheet)(Nehmens, Angela) (Entered: 09/20/2021)Read MoreRead Less
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