PITTSBURGH – A Western Pennsylvania woman says her left foot suffered severe burns, when a supposedly microwave-safe plastic container failed and allowed heated meatballs to fall onto her foot.
Marie Walker of Coraopolis first filed suit in the U.S. District Court for the Western District of Pennsylvania on May 17 versus Fit & Fresh, Inc. of Providence, R.I. and Sam’s East, Inc., of West Mifflin.
“Marie Walker purchased a JAXX FitPak meal prep backpack, which included multiple plastic containers, manufactured by Fit & Fresh, Inc., from Sam’s Club located at 2252 Century Drive, West Mifflin, Pennsylvania, 15122. The JAXX FitPak meal prep backpack included numerous plastic food storage containers and a drink shaker,” the suit says.
“Walker had taken out one of the plastic containers from the JAXX FitPak meal prep backpack and was using the plastic container for the first time. She placed leftover meatballs into the plastic container and put them in the refrigerator. This plastic container was advertised, marketed and manufactured to be microwave safe.”
The next day, on or about May 23, 2019, Walker removed the plastic container manufactured by Fit & Fresh, Inc. from the refrigerator and placed the plastic container with meatballs into her microwave.
Walker placed the plastic container into the microwave and heated the meatballs for approximately 1 minute and 30 seconds, then opened the microwave door and removed the plastic container from the microwave.
As Walker removed the plastic container from the microwave, she felt a burning sensation on her bare foot, looked down and realized that the bottom of the plastic container had melted fully through to create a hole in the plastic container and that the contents of the plastic container had fallen onto her left foot.
The suit says that the plastic container, which was advertised, marketed and manufactured to be microwave safe, had a hole in the bottom of the container with burn marks on the plastic where the meatballs were located inside the plastic container.
“Later that day, Walker presented to UPMC Magee Women’s Hospital because her left foot was hurting, and she had a blister. Walker was given medication for her burn and was sent home from the hospital. Walker’s left foot burn was diagnosed as 3rd degree, the most serious burn. In the days after, her pain started to get worse and on May 25, 2019, Walker went to the UPMC Mercy Emergency Room, where she was found to have deep partial full thickness burn with cellulitis,” per the suit.
“On May 28, 2019, Walker returned to UPMC Mercy for failed outpatient cellulitis treatment, was admitted for IV antibiotic treatment and her left foot burn was debrided. Walker remained at UPMC Mercy for three days and was discharged home on May 31, 2019. Walker continued to treat in the months following the incident and has been left with a permanent scar on her left foot, nerve damage and nerve pain.”
For multiple counts of strict liability, negligence, breach of implied warranties, breach of express warranties, the plaintiff is seeking damages in excess of the jurisdictional limit for arbitration, together with costs, delay damages, pre-judgment and post-judgment interest, and any other damages which may be permitted by law, plus a trial by jury.
The plaintiff is represented by Mark D. Troyan of Robert Peirce & Associates, in Philadelphia.
The defendants have not yet secured legal counsel.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00650
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com