SCRANTON — A New Jersey-based clothing distributor is defending itself against a counter-claim by JC Penney over who is liable for burns suffered by a Luzerne County woman when the nightshirt she was wearing caught fire in 2015.
Among its 30 affirmative defenses, Leeward International claims it "did not breach any duty of care to" Dallas residents Kathleen and Kenneth Mieczkowski, or to JC Penney, according to its 18-page answer to JC Penney's cross-claim filed June 7 in U.S. District Court for Pennsylvania's Middle District.
JC Penney claims that Leeward, and not the department store chain, is liable for the burns suffered by Kathleen Mieczkowski in January 2015.
The Mieczkowskis filed their 26-page personal injury complaint almost a year ago over serious burns Kathleen Mieczkowski allegedly suffered when the nightshirt she was wearing burst into flames as she walked past a portable propane heater. The complaint alleges negligence and product liability related to the nightshirt and the heater, in addition to loss of consortium.
"Any and all alleged damages were solely as a result of plaintiffs' intentional improper, abnormal, unintended and unforeseeable use of the subject heater and not as a result of any defect with the night shirt," Leeward said in its answer.
"If original plaintiffs sustained injuries attributable to their use of the night shirt at issue in the underlying action, the injuries were solely caused by and attributed to their unintended, unreasonable and improper use, misuse, alteration or modification, which was made of said product."
Kathleen Mieczkowski's injuries were the result of "negligence and/or carelessness," which bars her and her husband from collecting damages under the Pennsylvania Comparative Negligence Act, according to the answer.
Other defendants in the complaint include Guide Gear, which also is known as Sportsman's Guide, and Cabela's Inc., as well as DESA Heating Products.
The case is assigned to Judge Malachy E Mannion.
In its answer filed, Leeward asked the court to dismiss with prejudice the third-party complaint filed by JC Penney and also award costs in Leeward's favor, saying JC Penney's claims may be barred or limited under Pennsylvania's Fair Share Act. Should Leeward be found liable, it would be "only for its own percentage or liability as found by a fact finder," the answer said.
"The night shirt was free from defective conditions that would make it unreasonably dangerous to a consumer," Leeward's answer said.
In February, Mannion issued an order denying a JC Penney motion to dismiss the case, alleging the Mieczkowski had failed to state a claim upon which relief could be granted or to require a more definite statement in the case.
"Although inartfully pleaded, the court finds that the allegations in the plaintiffs' complaint adequately place defendant JC Penney on notice as to the claims against it in relation to the allegedly defective nightshirt," Mannion said in his order.
"Defendant JC Penney can decipher which allegations pertain to it and respond to those allegations, as well as the others, accordingly. Moreover, the court finds that the plaintiffs' complaint is not so vague and ambiguous that defendant JCPenney could not reasonably be required to make a responsive pleading."