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This case was last updated from PACER on 06/19/2021 at 10:05:58 (UTC).

SIMMONS v. TEXTRON, INC. et al

Case Summary

On April 20, 2021, Charles Simmons (“Plaintiff”), represented by Drew LaFramboise of Ashcraft & Gerel, LLP, filed a personal Injury Lawsuit against Textron, Inc., Textron Specialized Vehicles, Inc., United Rentals (North America), and United Rentals, Inc. (collectively, “Defendants”), seeking damages among other reliefs, for the alleged injury caused by the vehicle which is designed, manufactured, sold, and distributed by the defendant. This case was filed in the U.S. District Court for the District of Columbia with Judge Amit P. Mehta presiding.

 

In the complaint, the Plaintiff alleged that “This case arises from an industrial vehicular product sold under the Cushman brand called the “Cushman Minute Miser” manufactured, designed, sold, and distributed by Textron, Inc. and Textron Specialized Vehicles, Inc. (collectively “Textron” or “Textron Defendants”) also rented by United Rentals. Plaintiff had acquired the same for moving dock. In doing so, Plaintiff was required to travel down a ramp and then make a 90-degree turn down a corridor. As he operated the subject Minute Miser down the ramp, he began to pick up speed. As he pressed the brake pedal on the subject Minute Miser, Plaintiff noticed that the brake pedal was met with no resistance and instead fell to the floorboard of the vehicle. As a result, Plaintiff was unable to maintain control of the Minute Miser, and the vehicle crashed head-on into a concrete curb. The force of the crash ejected Plaintiff from the vehicle, and he was thrown violently to the ground, striking his left knee on the concrete floor surface and critically injuring his leg.”

 

The Plaintiff further alleged that “(i)Textron, as the designer and manufacturer of the subject Minute Miser, it defectively welded the brake linkage of the subject Minute Miser, rendering the brakes of the product inoperable when used foreseeably and as intended, creating an unreasonable risk of harm to the users of the product, (ii) Textron, as the designer and manufacturer of the subject Minute Miser, was further responsible for creating and executing quality control processes to ensure that all components of the Minute Miser brake linkage were properly constructed and manufactured prior to the vehicle leaving Textron’s control, (iii)Textron further breached its duty of care with respect to the subject Minute Miser product in that the product was not adequately tested or surveilled for possible or known failures of its brake linkage and braking components, (iv) Textron breached its implied warranty of merchantability with respect to the subject Minute Miser in that the product was not fit for its ordinary purposes for which it was used, as required under D.C. Code § 28.2-314(2)(c), because the brake system, components, and linkage failed during foreseeable and intended use, and (v) United Rentals further breached its duty of care and its implied warranty of merchantability with respect to the subject Minute Miser product in that it failed to use reasonable care in inspecting, servicing, and testing the product, specifically to ensure that the product’s brake system, components, and linkage were in safe working order prior to renting the subject product.”

 

There are eight claims for relief laid down by the Plaintiff, wherein strict liability  for alleged manufacturing defect, strict liability for alleged design defect, alleged negligence, alleged breach of implied warranty of merchantability, alleged breach of implied warranty of fitness for particular purpose (against Textron Defendants) and alleged negligence, alleged breach of implied warranty of merchantability, and alleged breach of implied warranty of fitness for particular purpose (against United Rentals Defendants) has been claimed thereunder.

 

In the prayer for relief, the Plaintiff has requested the court to pass a judgment of and against Defendants and each of them jointly and severally, for compensatory damages in excess of $75,000, punitive damages, fees and costs.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-01077

  • Filing Date:

    04/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    District Of Columbia District

Judge Details

Presiding Judge

Amit P. Mehta

 

Party Details

Plaintiff

CHARLES SIMMONS

Defendants

TEXTRON, INC.

UNITED RENTALS (NORTH AMERICA), INC.

TEXTRON SPECIALIZED VEHICLES, INC.

UNITED RENTALS, INC.

Attorney/Law Firm Details

Plaintiff Attorney

Drew LaFramboise

Attorney at ASHCRAFT & GEREL, LLP

8403 Colseville Road, Suite 1250

Silver Spring, MD 20910

Defendant Attorneys

John Parker Sweeney

Attorney at BRADLEY ARANT BOULT CUMMINGS LLP

1615 L Street, Nw, Suite 1350

Washington, DC 20036

Robert L. Hebb

Attorney at SEMMES, BOWEN & SEMMES

25 South Charles Street, Suite 1400

Baltimore, MD 21201-2423

 

Court Documents

#4

(#4) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED RENTALS (NORTH AMERICA), INC. served on 5/10/2021, answer due 5/31/2021 (LaFramboise, Drew) (Entered: 05/10/2021)

#3

(#3) NOTICE of Voluntary Dismissal re United Rentals, Inc. (LaFramboise, Drew) (Entered: 05/10/2021)

2 #1

Notice and Consent

#2

(#2) SUMMONS (4) Issued Electronically as to TEXTRON SPECIALIZED VEHICLES, INC., TEXTRON, INC., UNITED RENTALS (NORTH AMERICA), INC., UNITED RENTALS, INC.. (Attachment: #1 Notice and Consent)(znmg) (Entered: 04/20/2021)

1 #5

Summons

1 #4

Summons

1 #3

Summons

1 #2

Summons

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number BDCDC-8387048) filed by CHARLES SIMMONS. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(LaFramboise, Drew) (Entered: 04/20/2021)

 

Docket Entries

  • 06/10/2021
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  • DocketMINUTE ORDER granting Defendant United Rentals (North America), Inc.'s #6 Consent Motion for Extension of Time. Defendant United Rentals (North America), Inc. shall respond to Plaintiff's Complaint on or before July 9, 2021. Signed by Judge Amit P. Mehta on 6/10/2021. (lcapm1) (Entered: 06/10/2021)

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  • 06/10/2021
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  • Docket(#6) Consent MOTION for Extension of Time to File a Response to Plaintiff's Complaint by UNITED RENTALS (NORTH AMERICA), INC.. (Attachments: #1 Text of Proposed Order)(Hebb, Robert) (Entered: 06/10/2021)

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  • 06/03/2021
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  • DocketMINUTE ORDER granting Defendants Textron, Inc. and Textron Specialized Vehicles, Inc.'s #5 Consent Motion for Extension of Time to File Responsive Pleading. Defendants Textron, Inc. and Textron Specialized Vehicles, Inc. shall respond to Plaintiff's Complaint on or before July 12, 2021. Signed by Judge Amit P. Mehta on 6/3/2021. (lcapm1) (Entered: 06/03/2021)

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  • 06/02/2021
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  • Docket(#5) Consent MOTION for Extension of Time to File Answer re #1 Complaint, by TEXTRON SPECIALIZED VEHICLES, INC., TEXTRON, INC.. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Sweeney, John) (Entered: 06/02/2021)

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  • 05/10/2021
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  • Docket(#4) RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED RENTALS (NORTH AMERICA), INC. served on 5/10/2021, answer due 5/31/2021 (LaFramboise, Drew) (Entered: 05/10/2021)

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  • 05/10/2021
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  • Docket(#3) NOTICE of Voluntary Dismissal re United Rentals, Inc. (LaFramboise, Drew) (Entered: 05/10/2021)

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  • 04/20/2021
  • View Court Documents
  • Docket(#2) SUMMONS (4) Issued Electronically as to TEXTRON SPECIALIZED VEHICLES, INC., TEXTRON, INC., UNITED RENTALS (NORTH AMERICA), INC., UNITED RENTALS, INC.. (Attachment: #1 Notice and Consent)(znmg) (Entered: 04/20/2021)

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  • 04/20/2021
  • DocketCase Assigned to Judge Amit P. Mehta. (znmg) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number BDCDC-8387048) filed by CHARLES SIMMONS. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(LaFramboise, Drew) (Entered: 04/20/2021)

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