PHILADELPHIA – A woman who suffered third-degree burns allegedly as a result of an electronic screen on her cordless telephone exploding has dropped her lawsuit against the phone’s manufacturer and retailer, Emerson Electronics and Rite Aid Pharmacy, respectively.
On June 7, defense counsel filed a stipulation of dismissal for litigation filed by Phyllis Martin, including all claims and cross-claims without prejudice – and furthermore, Emerson Radio Corporation would not raise a Statute of Limitations as a defense if the plaintiff reinstates or refiles her cause of action within 180 days from the date the instant stipulation was filed.
Martin, of Philadelphia, first filed suit in the Philadelphia County Court of Common Pleas on Oct. 20, 2017 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 Feb. 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 explained.
“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 noted.
For multiple counts of product liability, the plaintiff was seeking damages from each defendant in excess of $50,000.
The plaintiff was represented by Brandon A. Swartz and Larissa K. Staszkiw of Swartz Culleton, in Newtown.
The defendant was represented by Kyle C. Allen, David B. Sherman, Walter H. Swayze III and Asher A. Block of Lewis Brisbois Bisgaard & Smith, in Wayne.
Philadelphia County Court of Common Pleas case 171002653
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com