ALLENTOWN – The manufacturer of a device used to move merchandise and stock store shelves has discounted liability claims from an associate at a New Jersey Walmart, who alleged he suffered severe head injuries from using the machine.
Seth Felker of Phillipsburg, N.J. originally filed suit in the Philadelphia County Court of Common Pleas on Aug. 2 versus National Cart Co. and National Cart, LLC of St. Charles, Mo., National Cart Co. East, LLC of Wilkes-Barre, Winholt Equipment Group of Woodbury, N.Y. and Win-Holt Equipment Corp., of Allentown.
“The Rocket Cart was intended for the exclusive use of Walmart stores and its employees for the purpose of moving merchandise throughout individual Walmart stores to assist in stocking shelves. The Rocket Cart is defective in that the upper shelf will falsely seem to latch securely in place when it is not actually secure, and as a result, the shelf may unexpectedly fall and strike the user of the cart on the head,” the suit stated.
“The defect in the Rocket Carts is that the user may hear a ‘clicking’ sound which indicates to the user that the shelf is securely locked, when, in fact, it is not latched securely. Users of the Rocket Cart are struck and injured because they are unaware that the upper shelf is not securely latched, despite the fact that they have taken the appropriate steps to properly latch the shelf. Head injuries are the most prevalent injuries associated with use of the defective Rocket Cart, because its users are often bent over in front of the Rocket Cart retrieving merchandise to put onto store shelves.”
At all times hereto, Felker was employed as an associate at the Walmart store located on Route 22 in Phillipsburg, N.J.
“On April 11, 2020, plaintiff was struck on the head by the shelf of the Rocket Cart he was using while in the course and scope of his employment with Walmart. As a result of the incident described above, plaintiff was caused to sustain serious and permanent personal injuries,” the suit stated.
“At all times material hereto, defendants controlled all aspects of the manufacture, formulation, design, production, packaging, processing, marketing, sale and/or distribution of the Rocket Cart. The incident described herein and the injuries sustained by the plaintiff as a result of same, were caused solely, entirely and exclusively by virtue of actions and/or inactions of the defendants as more particularly described herein, and were due in no manner whatsoever to any act or failure to act on the part of the plaintiff.”
UPDATE
National Cart Co. filed an answer to the lawsuit on Oct. 20, denying liability for the subject incident in its entirety, providing 18 separate affirmative defenses and asserting a cross-claim on Winholt Equipment Group and Win-Holt Equipment Corp.
“The cause of action set forth in the plaintiff’s complaint is barred or limited by the terms of the applicable statute of limitations, the relevant provisions of which are incorporated by reference herein, and made a part hereof, as fully as though herein set forth at length. All allegations pertaining to agency, supervision, or control are specifically denied,” per some of the defenses.
“The cause of action set forth in the plaintiff’s complaint is barred or limited by the terms of New Jersey Product Liability Act the relevant provisions of which are incorporated by reference herein, and made a part hereof, as fully as though herein set forth at length. The complaint fails to state a cause of action upon which relief can be granted against the answering defendants.”
The answer stated that the plaintiff assumed the risk of his injuries and damages, the cause of action set forth in the plaintiff’s complaint is barred or limited by the Restatement (Second) of Torts Section 402A, as adopted by Pennsylvania law and the product in question was not dangerous or defective, nor did the product cause the plaintiff’s injuries.
In the cross-claim, the manufacturer asserted the damages were the responsibility of the Winholt defendants.
“If the plaintiff sustained injuries and damages as alleged in the plaintiff’s complaint, and said injuries and damages were caused by any party other than the plaintiff s decedent himself, then the injuries and damages alleged by the plaintiff were caused by Winholt Equipment Group and Win-Holt Equipment Corp., which were negligent, careless, reckless, committed willful and wanton misconduct, are strictly liable pursuant to the Restatement (Second) of Torts Section 402A, and/or breached express and implied warranties, and which acted individually, and/or by and through their agents, servants, employees, workmen, and/or representatives, and which are hereby joined as third-party defendants and are alone liable, jointly and severally liable, or liable over to answering defendants National Cart Co., National Cart, LLC, and National Cart East, LLC, by way of contribution and/or indemnification,” the cross-claim stated.
For counts of strict products liability, negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, the plaintiff is seeking damages, individually, jointly and severally, in excess of $50,000, plus costs and such other damages as the Court may deem just and proper.
The plaintiff is represented by Jeffrey R. Lessin of Jeffrey R. Lessin & Associates, in Philadelphia.
The defendants are represented by Hugh Daulerio and Robert Douglas Billet of Billet & Associates, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 5:21-cv-03996
Philadelphia County Court of Common Pleas case 210800116
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com