PHILADELPHIA – The parent of a minor who suffered head and burn injuries allegedly while using an iPhone 11 Pro cell phone filed suit Apple and Best Buy for damages related to those injuries, while those companies have since denied any liability for the injuries in question.
Ashley Neiman (individually and as the guardian and natural parent of A.A., a minor) of Wilkes-Barre initially filed suit in the Philadelphia County Court of Common Pleas on March 25 versus Apple, Inc. of Cupertino, Calif., Best Buy of South Richfield, Minn. and Chuck Sullick, of Wilkes-Barre.
“On Dec. 3, 2019, plaintiff purchased an Apple iPhone 11 Pro from Best Buy located at 449 Arena Hub Plaza, Wilkes-Barre Township, PA 18702,” the suit states.
“On Jan. 27, 2020, plaintiff. A.A., was using the subject Apple iPhone 11 Pro for its intended use when a black substance started to come out of liar ear. Plaintiff sustained injuries including but not limited to a concussion, headache, dizziness, tinnitus and a burn of her left ear.”
The suit alleges that A.A.’s injuries were the result of the product’s defective design.
“The severe injuries suffered by the minor child during the subject incident are the actual results of the unreasonably dangerous and defective design of iPhone/iPhone accessories that the defendants failed to properly design and manufacture. Defendants failed to safely distribute and sell the iPhone/iPhone accessories,” per the suit.
“Any and all modifications and alterations were made by defendants with the intention of prioritizing profits over the safety of the consumer. The negligence, negligence per se, carelessness, recklessness and/or willful and wanton misconduct of defendants directly and proximately caused severe injuries to plaintiff.”
The action was removed to the U.S. District Court for the Eastern District of Pennsylvania on May 3, and counsel for both Apple and Best Buy each separately answered the complaint on May 10.
In each of the defendant’s answers, they denied the plaintiff’s allegations and each put forth at least 20 affirmative defenses.
“Plaintiff’s complaint fails to state a cause of action upon which relief may be granted. The alleged injuries of plaintiff were the result of plaintiff’s own negligence which negligence exceeded any alleged negligence by answering defendants, all such alleged negligence by answering defendants having heretofore been expressly denied, and therefore pursuant to the Pennsylvania Comparative Negligence Act, plaintiff’s claims are barred,” per Best Buy’s answer to the complaint.
“Plaintiff’s claims are fully barred and mitigated by the theory of contributory negligence and/or voluntary assumption of the risk. Plaintiff’s claims are barred by the applicable statute of limitations. If the answering defendants are found to have been negligent, strictly liable, and/or liable for breach of warranty with respect to the allegations set forth in plaintiff’s complaint, then it is the position of answering defendants that their negligence was passive, technical and secondary only, and that any injuries sustained by the plaintiff were the result of intervening negligent acts of third persons which acts were superseding causes of said injuries for which reason answering defendants are not liable.”
For multiple counts of negligence, products liability and/or strict liability, breach of implied warranty of merchantability and loss of services, the plaintiff is seeking damages in excess of $50,000, plus compensatory damages, interest, punitive damages, cost of suit, attorney’s fees and any such relief as this Honorable Court deems equitable, just and proper.
The plaintiff is represented by Michael J. Pisanchyn of The Pisanchyn Law Firm, in Scranton.
The defendants are represented by John V. Petrycki Jr. of Turner O’Mara Donnelly & Petrycki in Cherry Hill, N.J. and Basil A. DiSipio of Lavin Cedrone Graver Boyd & DiSipio, in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-02028
Philadelphia County Court of Common Pleas case 210302528
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com