PITTSBURGH – A Western Pennsylvania man says he has suffered the loss of his right eye, permanent blindness and other injuries, after his eye and face were struck by a “Hold-Zit” strap device.
Robert Bogle of Loyalhanna filed suit in the U.S. District Court for the Western District of Pennsylvania on March 8 versus JDS Technologies, Inc. of Oneida, Tenn. and Radiator Specialty Company, Inc. of Indian Trail, N.C.
“JDS and RSC, acting together and in concert, sold the ‘Hold-Zit’ strap to the general public and placed it into the stream of commerce. The defendants expressly warranted and guaranteed the ‘HoldZit’ strip for life. Bogle came into possession of one of defendants’ ‘Hold-Zit’ straps, which he used,” the suit states.
“On March 22, 2019, the plaintiff, Bogle, suffered traumatic injuries while using the defendants’ Hold-Zit strap because the defendant’s strap unexpectedly and traumatically failed and broke.”
These injuries occurred when the defendants’ strap broke, during the foreseeable, regular, common, and accepted use of the strap by plaintiff, the suit says.
“Upon failing and breaking, the defendants’ strap whipped backwards and struck the plaintiff’s eye and face at a high velocity causing severe and permanent injuries to his face and right eye. These injuries include, and are not limited to, the following: (a) The loss of his right eyeball; (b) Permanent visual loss and blindness; (c) Facial and eye orbit fractures; (d) A concussion; and (e) Other severe traumatic damage to his face and appearance,” per the suit.
“As a further result of the traumatic failure of defendants’ Hold-Zit strap, the plaintiff suffered major, severe, continuing and permanent depression and other physical, emotional, and mental injuries, harm, and damages, all due to the unexpected and proximate failure of the defendants’ defective and unreasonably dangerous product.”
For multiple counts of strict liability, breach of express warranties, breach of the implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose and violation of the Unfair Trade Practices and Consumer Protection Law, the plaintiff is seeking damages, jointly and severally in a sum to be determined by this Honorable Court, plus such interest, costs, attorney’s fees and other relief as this Honorable Court shall deem just and proper.
The plaintiff is represented by David A. Colecchia of Law Care, in Greensburg.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00319
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com