JOHNSTOWN – The TJ Maxx department store company denies all liability for an incident in which a man ingested a bristle from a grill cleaning brush it sold and required him to undergo abdominal surgery.
Harry Mellott and Kris Mellott of Hopewell first 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.
UPDATE
The TJX Companies filed an answer to the lawsuit on July 23, denying the plaintiff’s charges as conclusions of law and demanding strict proof of same at trial, while asserting 21 separate affirmative defenses. Among them are the following:
• Plaintiffs have failed to state a cause of action upon which relief can be granted;
• Plaintiffs have failed to sue the correct party that does business in the Commonwealth of Pennsylvania. While The TJX Companies does business as “TJ Maxx”, it does not do business as TJ Maxx in the Commonwealth of Pennsylvania;
• To the extent that it may be established through discovery, plaintiffs’ complaint is barred by the applicable statute of limitations;
• This answering defendant herein asserts that plaintiffs have failed to state a cause of action for breach of either expressed or implied warranty because no such warranty formed the basis of any bargain.
The defendant demands judgment in its favor, and against all other parties, together with costs of this suit and a trial by jury.
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, Warren L. Siegfried and Richard S. Canciello 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