JOHNSTOWN – A man who needed abdominal surgery allegedly to remove an accidentally ingested grill brush bristle has sued the TJ Maxx department store company, which sold him the brush, for damages.
Harry Mellott and Kris Mellott of Hopewell filed suit in the Bedford County Court of Common Pleas on May 20 versus Lifetime Brands, Inc. of Garden City, N.Y. and The TJX Companies, Inc. (doing business as “TJ Maxx) of Framingham, Mass.
(The complaint was removed to the U.S. District Court for the Western District of Pennsylvania on July 6.)
“In or around the beginning of July 2018, plaintiffs purchased a BBQ Soft Grip 2-Sided Grill Brush with Cleaning Fins designed, manufactured, advertised, sold and/or distributed by defendant Lifetime Brands, Inc. and sold and/or supplied by defendant the TJX Companies, Inc. at a TJ Maxx store in Pennsylvania. In or around the first week of July 2018, plaintiffs cleaned their gas grill with the grill brush previously described,” the suit states.
“On or about July 4, 2018, Harry Mellott began experiencing abdominal pain. On or about July 5, 2018, Harry presented to the emergency department of UPMC Bedford with complaints of abdominal pain. Radiology tests documented a metallic foreign body, which appeared to be an ingested grill bristle. Harry was transferred to UPMC Altoona for medical care, including surgery to remove the grill bristle.”
On July 8, counsel for Lifetime Brands, Inc. filed an answer to the complaint which denied the plaintiffs’ allegations and asserted 15 separate affirmative defenses. Among others, these included the plaintiffs failing to state a claim, being contributorily negligent to the injuries Harry suffered, the assumption of risk doctrine and being barred through both the Second and Third Restatement of Torts.
For multiple counts of strict product liability, negligence and breach of warranty, the plaintiffs are seeking damages in excess of applicable arbitration limits, exclusive of interest and costs, plus a trial by jury.
The plaintiffs are represented by Benjamin T. Wilt and Daniel S. Schiffman of Schiffman Firm, in Pittsburgh.
The defendants are represented by Clem C. Trischler of Pietragallo Bosick & Gordon and Warren L. Siegfried of Wayman Irvin & McAuley, both also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 3:20-cv-00126
Bedford County Court of Common Pleas case 440-2020
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com