PHILADELPHIA – A woman who suffered third-degree burns allegedly as a result of an electronic screen on her cordless telephone exploding has filed suit against the phone’s manufacturer, Emerson Electronics, and the retailer that sold it, Rite Aid Pharmacy.
Phyllis Martin of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Oct. 20 versus Rite Aid Corporation of Camp Hill, Emerson Radio Corporation of Hackensack, N.J., and Emerson Electric Company of St. Louis, Mo.
“On or about February 16, 2017, plaintiff, Phyllis Martin, was asleep in her home in Philadelphia, when suddenly and without warning, and as a direct result of a defective and/or dangerous condition of the aforesaid product [an Emerson-brand landline cordless phone, Model #EM7000], the electronic screen located on the top portion of the phone exploded and/or caught fire causing plaintiff to sustain various severe and permanent bodily injuries and losses including, but not limited to, third-degree burns to her stomach and polyneuropathy, as well as aches, pains, mental anxiety and anguish, and a severe shock to her entire nervous system,” the suit explains.
Martin alleges the defendants “placed into the stream of commerce a defective product that violated the standards created in Tincher v. Omega Flex.”
“More specifically, the [Rite Aid] defendant placed into the stream of commerce a defective product wherein (a) the danger was unknowable and unacceptable to the average or ordinary consumer and/or (b) a reasonable person would conclude that the probability and seriousness of harm caused by the [Emerson] defendants’ defective product outweighs the burden or costs of taking precautions,” the suit notes in a comprehensive list of charges.
For multiple counts of product liability, the plaintiff is seeking damages from each defendant in excess of $50,000.
The plaintiff is represented by Brandon A. Swartz and Larissa K. Staszkiw of Swartz Culleton, in Newtown.
Philadelphia County Court of Common Pleas case 171002653
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com