PHILADELPHIA – Apple has categorically denied any liability in a product liability lawsuit filed by a minor plaintiff whose iPhone 5 allegedly exploded in his pocket.
Defense attorney Joseph H. Blum filed a response to plaintiffs Kyler Mowery and Joni Mowery’s second amended complaint, completely refuting their assertions that Kyler’s injuries connected to the explosion of his iPhone were the fault of the company.
Following the blanket denial of any liability connected to the plaintiffs’ counts of negligence and strict liability, Blum appended new matter to the action.
“The injuries as alleged in plaintiffs’ second amended complaint are not the result of any negligent or careless conduct on the part of Apple. Plaintiff’s claims may be barred, in whole or in part, by the statute of limitations and/or statute of repose," Blum wrote.
"Plaintiff’s alleged injuries may have been caused by his own failure to exercise reasonable care under the circumstances, and, therefore, plaintiff’s claims may be entirely barred or reduced under the provisions of the Pennsylvania Comparative Negligence Statute."
Blum argued for Apple that if Kyler sustained the injuries in the manner alleged, then they were his own fault for failing to exercise reasonable care.
"If plaintiff sustained the injuries alleged in the manner alleged, which is denied, then his injuries were caused and/or contributed by the acts and/or omissions of others over whom Apple had no control and for whose acts Apple is not responsible,” Blum added.
Blum continued that the plaintiffs’ claims are barred by, in whole or in part, by the Second Restatement of Torts Section 402A(k); the Third Restatement of Torts: Products Liability Section 6; the Pennsylvania Medical Care Availability and Reduction of Error (MCARE) Act; the learned intermediary doctrine; and other applicable rationale.
Kyler Mowery of Orwigsburg (legally represented by his mother Joni Mowery) first filed suit on Jan. 19 in the Philadelphia County Court of Common Pleas, against Apple, Inc. of Los Angeles.
“On or about Feb. 22, 2016, plaintiff was injured when the subject phone exploded in his pocket due to a defective condition of the phone and/or its battery, thereby sustaining serious and permanent injuries more fully set forth herein,” the suit reads.
Mowery believes Apple failed to design the phone to operate properly or warn customers of the possible risk of the phone exploding, among a number of other allegations, and claims to have suffered severe burns, internal injuries, nervous system shock, aches, pains, mental anxiety and anguish, and other injuries in the accident.
Attorneys for Apple further believe the Mowerys’ lawsuit was filed in the wrong venue, and a motion to transfer the case to the Schuylkill County Court of Common Pleas remains pending.
For charges of negligence and strict liability, the plaintiff is seeking compensatory damages not in excess of $50,000, plus interest and costs of suit.
The plaintiff is represented by Harry J. Kane Jr. of Greenblatt Pierce Funt & Flores, in Philadelphia.
The defendant is represented by Blum and Erin P. Loucks of Shook Hardy & Bacon, also in Philadelphia.
Philadelphia County Court of Common Pleas case 170103755
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at email@example.com