PHILADELPHIA – HomeGoods and Richards Homewares deny they were responsible for the injuries allegedly caused to a Delaware County plaintiff by a malfunctioning shelf shower organizer, each asserting 29 affirmative defenses to that effect.
Sylvia Trafficante of Primos initially filed suit in the Philadelphia County Court of Common Pleas on Oct. 2 versus HomeGoods Broomall, Pa. Lawrence Park Shopping Center of Broomall, HomeGoods, Inc. and the TJX Companies, Inc. of Framingham, Mass. and Richards Homewares, Inc. of Portland, Ore.
(The case was later removed to the U.S. District Court for the Eastern District of Pennsylvania on Oct. 28.)
“On Oct. 8, 2018, plaintiff attempted to install the Columbia 3 Shelf Shower Organizer with Soap Dish in her bathroom, as directed by the included instructions, in order to better organize her shower and the things in it, in a safe and reasonable manner. The space to be utilized by the product was 70.5 inches which required her to follow the instructions for installation at the height range to 69”-74”,” the suit stated.
“On the aforementioned date, plaintiff tediously followed the directions to install the product into the corner of her shower/bath combo in her residence, when suddenly and without warning or notice, the product violently sprung at her face causing severe and permanent injuries to her left eye and body, the entire scope and intent of which is still being determined by her medical provider.”
The plaintiff argued that all defendants owed her and other consumers similarly situated a duty of care to design, manufacture and sell products which were free of defects and unreasonably dangerous characteristics.
“Trafficante suffered injuries which were serious, severe, and permanent in nature, including but not limited to a (2 mm x 1 mm) partial thickness corneal laceration, two discrete central corneal epithelial defects, uveitis causing separation of the retina, microhyphema and active blood of the left eye, traumatic retinopathy, corneal abrasion, diminished vision requiring two pairs of glasses, traumatic glaucoma, cataract of the left eye, requiring surgical intervention and a lens implant, tension ring and shunt, eyelid damage, teeth grinding, headaches, permanent scarring and disfigurement, depression, anxiety and mental anguish resulting in damage to her teeth requiring an extraction and an implant, and a multitude of other ills which she may continue to experience into the future,” per the suit.
“She developed post-operative diabetic ketoacidosis, requiring a lengthy stay in the ICU. She has since also suffered from pain, numbness, weakness, foot drop, and neuropathy in her left leg and foot. These injuries were caused by the defective cart designed, manufactured, produced, distributed, and/or sold by defendant; Plaintiff thus brings the instant suit against defendant to recover all legally cognizable damages for her significant injuries.”
UPDATE
HomeGoods filed an answer to the complaint on Nov. 17.
“Plaintiff by her own conduct, voluntarily and knowingly assumed the risk of her injury; therefore, her claims are barred by the doctrine of assumption of the risk. Plaintiff’s claims are barred by the statute of limitations. Plaintiff’s complaint fails to set forth a cause of action upon which relief can be granted,” according to HomeGoods’ affirmative defenses.
“Answering defendants had no actual or constructive notice of the condition alleged in plaintiff’s complaint. Answering defendants did not create the condition alleged in plaintiff’s complaint. Any alleged condition that is the subject of plaintiff’s complaint may have been open and obvious to plaintiff, and plaintiff may have failed to exercise due care in the face of an open and obvious risk.”
HomeGoods also brought a cross-claim for liability against its co-defendant, Richards Homewares.
Meanwhile, counsel for Richards Homewares also filed an answer to the suit on Nov. 18, denying its own liability for Trafficante’s injuries and asserting 29 affirmative defenses, just as HomeGoods did.
“Plaintiff’s recovery may be barred or limited by Plaintiff’s failure to properly mitigate her damages. Pursuant to 42 Pa.C.S.A. Section 7102, answering defendant shall only be liable for its proportionate share of plaintiff’s damages, if any. Plaintiff’s claims are barred by the doctrine of the assumption of the risk. Plaintiff’s claims are barred by the applicable statute of limitations,” per Richards Homewares’ affirmative defenses.
“Plaintiff’s complaint fails to state a claim upon which relief can be granted. Plaintiff’s claims are barred by the doctrines of res judicata, collateral estoppel, claim preclusion and/or issue preclusion. Plaintiff’s claims are barred by the doctrine of spoliation of evidence. The claims against answering defendant are barred, in whole or in part, by the sophisticated user doctrine.”
For counts of negligence, strict product liability (both design defect and failure to warn) and breach of warranty, the plaintiff is seeking damages, jointly and severally, in excess of $50,000, plus a trial by jury.
The plaintiff is represented by Tyler J. Stampone of Stampone Law, in Cheltenham.
The defendants are represented by Jacqueline Campbell of Fowler Hirtzel McNulty & Spaulding and Sean T. Stadelman of Goldberg Segalla, both in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:20-cv-05382
Philadelphia County Court of Common Pleas case 200902074
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com