PHILADELPHIA – A Taiwanese company that was facing suit from plaintiffs after a serious crossbow injury successfully secured their exit from the case, after arguing it was not properly served or subject to American jurisdiction.
On Dec. 14, Philadelphia County Court of Common Pleas Judge John M. Younge ruled that COMBIS Sport Enterprise Co., Ltd. of Taichung City, Taiwan, was dismissed from the action filed by Timothy and Kathleen Furlong.
The Furlongs, of Bristol, first filed suit in the Philadelphia County Court of Common Pleas on June 6 versus Precision Shooting Equipment, Inc. (c/o Corporation Service Company) of Wilmington, Del., B&A Archery, Inc. of Philadelphia and COMBIS Sport Enterprise Co., Ltd. of Taichung City, Taiwan.
“Prior to July 26, 2017, defendants Precision Shooting Equipment, Inc. and COMBIS Sport Enterprise Co. Ltd designed, manufactured, sold and/or distributed the PSE Fang XT Crossbow involved in plaintiff’s accident. Prior to July 26, 2017 and currently, B&A Archery, Inc. sold, distributed, serviced and repaired archery equipment including but not limited to: PSE crossbows, including the subject crossbow involved in plaintiff’s accident,” the suit states.
“On July 26, 2017, plaintiff Timothy Furlong, while utilizing the subject crossbow, sustained significant and permanent orthopedic and neurological injuries when the subject crossbow prematurely fired and/or had an unintended discharge, causing the bowstring to hit his left thumb.”
The plaintiffs believe the defendants manufactured, sold and distributed a defective product, failed to provide appropriate instructions to the user and failure to investigate, retain and analyze prior accident information, among other charges.
Through preliminary objections filed on Aug. 17, defense counsel alleged proper service had not been effectuated upon COMBIS and that it does not conduct business outside the United States or was subject to its jurisdiction.
It’s an argument that COMBIS won.
For multiple counts of strict liability, negligence and loss of consortium, the plaintiffs are seeking compensatory damages in excess of $50,000, plus delay damages, punitive damages, damages pursuant to Pa.R.C.P. 238, interest and allowable costs of suit.
The plaintiffs are represented by Samuel I. Reich of Laffey Bucci & Kent, in Philadelphia.
The defendants are represented by Thane C.J. Trotman of the Law Office of Peter Callahan and Timothy J. Kepner of William J. Ferren & Associates.
Philadelphia County Court of Common Pleas case 180600498
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com