SCRANTON – A Honesdale attorney has initiated litigation against Walmart and the manufacturers of a portable heater, an allegedly defective product which exploded and killed a man on a deer hunting trip.
John J. Martin, Esq. (as executor of the Estate of Gregory C. Scheer Sr. and Karen Scheer, and individually) of Honesdale initially filed suit in the Wayne County Court of Common Pleas on Feb. 12 versus Wal-Mart Associates, Inc. and Wal-Mart Stores East, LP of Bentonville, Ark., and Enerco Group, Inc. and Mr. Heater, Inc., of Cleveland, Ohio.
“Plaintiffs believe and therefore aver that at all time relevant hereto, defendants, Enerco Group, Inc. and Mr. Heater, Inc., were in the business of manufacturing the propane heating unit commonly referred to as the ‘Portable Buddy,” the suit states.
“On Dec. 3, 2019, the deceased Gregory C. Scheer Sr. purchased a ‘Portable Buddy’ from the Walmart store located at 777 Old Willow Avenue, Honesdale, Wayne County, Pennsylvania 18431. Gregory was killed on or about Dec. 7, 2019, when the portable heater that he was using in his deer hunting stand exploded.”
The suit says that as a direct result of negligence on the part of the defendants, Enerco Group, Inc. and Mr. Heater, Inc., in the engineering, design, and/or manufacturing of the portable heater, and negligence on the part of Walmart in selling a defective product, Gregory C. Scheer, Sr. was killed through no negligence of his own.
“As a direct and proximate cause of defendants design and/or assembly and/or sale of the product, Gregory Scheer Sr. sustained severe conscious pain and suffering between the time of the explosion and the time of his death sometime later,” per the suit.
“His Estate sustained additional expenses, including, but not limited to funeral expenses and medical bills. Plaintiff, Karen Scheer, surviving widow of Gregory Scheer Sr. sustained pecuniary loss, mental anguish, emotional pain and suffering, loss of society, loss of companionship, loss of comfort, loss of protection, loss of care, loss of attention, loss of advice, loss of training, loss of counsel and loss of guidance.”
The defendants removed the case to the U.S. District Court for the Middle District of Pennsylvania on March 2.
For counts of negligence, strict liability, wrongful death and survival, the plaintiff is seeking $1 million in compensatory damages, plus interest and costs and a trial by jury.
The plaintiffs are represented by John J. Martin of the Law Offices of John J. Martin in Honesdale and Ryan M. Molitoris of Hourigan Luger & Quinn, in Kingston.
The defendants are represented by Rebecca A. Sember-Izsak of Thomas Thomas & Hafer in Pittsburgh, plus Amy L. Blackmore and Chilton G. Goebel of Saxton & Stump, in both Lancaster and Malvern.
U.S. District Court for the Middle District of Pennsylvania case 3:21-cv-00388
Wayne County Court of Common Pleas case 256-2020
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com