PHILADELPHIA – A Delaware man who fell onto a pocket battery pack in a Black & Decker warming jacket and suffered injuries alleges the jacket wasn't designed in a manner to avoid injury.
Donald Palmer Jr. filed a complaint Dec. 23 in the U.S. District Court for the Eastern District of Pennsylvania against Black & Decker, doing business as DeWalt Industrial Tool Co.; and Stanley Black & Decker Inc., doing business as Mac Tools, alleging strict liability, breach of warranty and negligence.
Palmer alleges he purchased Black & Decker's DeWalt Heated Jacket through Mac Tools and the jacket was powered by and included a pocket to carry a "large" tool battery. Palmer alleges that while wearing the jacket on a hunting trip on Jan. 5, 2018, he fell on his side and landed on the battery, causing a fractured hip and other injuries.
The plaintiff alleges the defendants failed to properly locate the battery pocket in a place on the jacket to minimize the harm from a fall and failed to design the battery in such a shape or manner to minimize or avoid harm from a fall.
Palmer seeks monetary relief of more than $75,000, a trial by jury and all other just relief. He is represented by Wayne Marvel and James McKeown of Maron Marvel Bradley Anderson & Tardy LLC in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case number 2:19-cv-06068