PITTSBURGH – A Western Pennsylvania man says he suffered severe burns after a lithium ion battery exploded in his pants pockets, and has sued the companies responsible for designing, manufacturing and distributing the device.
Glenn Armstrong of Kittanning filed suit in the Allegheny County Court of Common Pleas on Oct. 20 versus Vape Lab, Vape Laboratory and Walter Wright (doing business as “Vape Lab”) of Kittanning, Lithicore, LLC and Lithicore Tech of Houston, Texas, Demand Vape, LLC of Buffalo, N.Y. and John Does 1-3.
“On April 2, 2019, Glenn Armstrong acquired several 18650-style lithium ion batteries which had been purchased from Vape Lab, including a battery identified on its wrapping as a Lithicore 18650 3000mAh 20 A continuous and 35 A pulse battery,” the suit states.
“The subject battery was a Samsung 30 Q 3000mAh 15 A battery which Defendants rewrapped and sold as Lithicore 18650 3000mAh 20 A continuous and 35 A pulse battery. 7 29. Vape Lab, Lithicore, Demand Vape, LLC and John Does (1-3) designed, manufactured, marketed, distributed and sold the subject battery.”
On April 2, 2019, Armstrong acquired a vaping device known as a mod (Geek Vape Aegis 200W) which had been purchased from Vape Lab. Vape Lab, Demand Vape, LLC and John Does 1-3 designed, manufactured, marketed, distributed and sold the subject mod. On April 2, 2019, Armstrong acquired a lithium ion battery charger (XTAR VC4 4-bay) which had been purchased from Vape Lab.
“Defendants marketed and represented that the subject battery was suitable for and intended to be used with the subject mod and vaping applications, generally. Defendants marketed and represented that the subject battery charger was suitable for and intended to be used with the subject battery and vaping applications, generally,” per the suit.
“18650-style lithium ion batteries are unreasonably dangerous and not safe for use in vaping applications because of their volatility and propensity to burn or explode. On April 2, 2019, as Armstrong was walking, the subject battery exploded in his front-left pants pocket.”
As a result, Armstrong suffered the following injuries:
• Severe leg burns requiring grafting procedures;
• Severe hand burns requiring grafting procedures; • mental and emotional pain and suffering;
• Chronic physical pain, suffering and loss of life’s pleasures, past, present and future;
• Loss of performing his usual duties and activities;
• Loss of earnings and wages and loss of earnings capacity, past, present and future;
• Hospital, medical and rehabilitation expenses past, present and future, including medical equipment, supplies and other medical care and treatment;
• Other psychological, psychiatric, neurological injuries, the full extent of which is yet to be determined and some or all of which may be permanent in nature; and
• Scarring, loss of independence, mental anguish, humiliation, embarrassment, fear, loss of well-being, inability to enjoy the normal pleasures of life, and restrictions on his ability to engage in normal activities and pleasures of life.
For multiple counts of negligence and strict product liability, the plaintiff is seeking in excess of $50,000 in compensatory damages, delay damages pursuant to Pennsylvania Rule of Civil Procedure 238, interest and allowable costs of suit and brings this action to recover same, plus a trial by jury.
The plaintiff is represented by David L. Kwass and David J. Langsam of Saltz Mongeluzzi & Bendesky, in Philadelphia.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-010948
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com