SCRANTON – A federal court venue remains to be determined for a lawsuit between a Mississippi widower and a Mount Union company litigating over a suit concerning an allegedly defective natural gas heater which may have been responsible for the death of his wife.
William Scott Etheridge of Holly Springs, Miss. first filed a complaint on Feb. 14 in the U.S. District Court for the Middle District of Pennsylvania against World Marketing of America (doing business as “Kozy-World”) of Mount Union.
The complaint alleged his wife, Doris Jean Etheridge, died after flames from a Kozy-World Wall Heater installed in their home “protruded outside of the grated barrier” on March 18, 2019, catching her shirt on fire and resulting in severe burns that led to her hospitalization and death.
She passed away two weeks later, on April 1, 2019.
Etheridge alleged the heater had an inherent design defect and that it was used in his home without substantial change to the condition under which Kozy-World marketed and sold the product.
He added the company “failed to conform to federal requirements for labels, warnings and instructions” and “knew or should have known that the product created significant risks of serious bodily harm and death to consumers.”
On April 13, World Marketing of America filed a motion to dismiss all punitive damages from the complaint.
“Plaintiff has failed to allege any grounds justifying punitive damages resulting from the Mississippi Incident. Punitive damages are not available for ordinary negligence or gross negligence, and may not be awarded where plaintiff fails to allege facts that demonstrate the requisite state of mind on behalf of the defendant in the complaint. Conclusory statements without factual allegations are insufficient to meet the standard,” the dismissal motion read, in part.
After a federal judge dismissed the prospect of punitive damages, Etheridge filed his amended complaint minus the punitive damages count on May 4, and World Marketing of America filed its answer on June 2, which asserted a number of affirmative defenses relieving it of liability.
UPDATE
On Nov. 13, World Marketing of America’s counsel filed to transfer the case to a Mississippi federal court.
“Plaintiff purchased a World Marketing KWN191 Infrared Vent-Free Natural Gas Space Heater at Teddy’s Hardware in Holly Springs, Miss. and installed it in his Holly Springs, Miss. residence in 2016. The heater was fueled by natural gas supplied by the Holly Springs, Miss. Utility Department, via a gas piping system installed by another Holly Springs resident,” the transfer motion stated.
“This action, alleging claims for negligence and products liability arising out of injury to a Mississippi resident, in Mississippi, allegedly caused by a product purchased in Mississippi, should be transferred to Mississippi pursuant to 28 U.S.C.A. Section 1404(a).”
Likewise, attorneys for Etheridge filed a brief opposing any such transfer on Nov. 27.
“In the present case, World Marketing operates its business exclusively from its offices in Mill Creek, Pennsylvania. It does not enter into any contracts with retailers in Mississippi. It is not registered to transact business in the state of Mississippi, and a review of the PACER system reveals that it has not litigated any lawsuits in Mississippi. It owns no real property in the state of Mississippi, and employs no employees in Mississippi. The record is devoid of any evidence of World Marketing’s distribution agreements relating to the state of Mississippi,” the plaintiff’s brief read, in part.
“World Marketing has not produced any evidence of the quality and quantity of its contacts with Mississippi, including but not limited to how many products it has sold within the state recently, or how much revenue it annually gleans from Mississippi. World Marketing is silent as to how its contacts with Mississippi support that it should anticipate being haled into court in the state, or how it has established a substantial relationship with the state.”
Then, on Dec. 11, the defendant replied to the plaintiff’s brief, further arguing for transfer of the case.
“Plaintiff’s opposition ignores plaintiff’s allegations and evidence he purchased the allegedly defective heater from a Mississippi retailer, Etheridge, and evidence in plaintiff’s previously dismissed Pennsylvania suit that World Marketing contracts with regional distributors in Tennessee who then convey products to individual retailers in the region,” the reply read.
“Specific personal jurisdiction – personal jurisdiction based on World Marketing’s forum contacts relating to the cause of action asserted by plaintiff – is clear based on the evidence supporting World Marketing’s Motion.”
The plaintiff is represented by Jaime Jackson of Atlee Hall in Lancaster, plus Daniel V. Parish and Patrick M. Ardis of Wolff Ardis, in Memphis, Tenn.
The defendant is represented by Sean D. Magenis of McCoy Leavitt Laskey in Falmouth, Maine and Bradley D. Remick of Marshall Dennehey Warner Coleman & Goggin, in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case 1:20-cv-00272
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com