PHILADELPHIA – A federal judge has ordered that the case of a Canadian plaintiff who alleged that a Bucks County manufacturer and installer of shower doors was negligent in its professional duties, and thus, led to her minor-aged daughter being cut by broken glass when it shattered during their hotel stay last year, will be pursued north of the border.
Bianca King (as parent and natural guardian of Shaelynn King, a minor) of Calgary, Alberta, Canada initially filed suit in the Bucks County Court of Common Pleas on Oct. 14 versus DreamLine Ventures, LLC (doing business as “DreamLine”) of Warminster and John Does Nos. 1-3.
“On July 22, 2020, minor plaintiff Shaelynn King was using a shower with a door designed, manufactured, tested and installed by defendant, DreamLine. In the alternative, at the aforementioned time and place, minor plaintiff Shaelynn King, was using a shower with a door designed, manufactured, tested and installed by defendant John Does 1-3. At the aforementioned time, place and location, the shower door suddenly and without warning shattered, causing severe injuries to minor plaintiff Shaelynn King,” the suit said.
“As a result, minor plaintiff Shaelynn King sustained injuries which may be serious or permanent, including but not limited to, multiple lacerations of the legs and arms requiring stitches and severe mental distress, as well as other ills and injuries. As a result of these injuries, minor plaintiff Shaelynn King, was and may in the future be required to undergo various medical procedures and treatment, including surgery. This incident resulted solely from the carelessness and/or negligence of defendants, DreamLine and John Does 1-3, and was due in no manner whatsoever to any act or omission on behalf of the plaintiff.”
King added the door malfunctioned through normal use by the minor plaintiff.
“The defective shower door caused minor plaintiff Shaelynn King great pain and suffering, bodily injuries, loss of life’s pleasures, disfigurement, scarring, humiliation, embarrassment, wage loss and/or lost earning capacity and other economic and non-economic harms and damages cognizable under Pennsylvania law,” the suit stated.
“Due to the defective shower door, minor plaintiff Shaelynn King, has and may in the future obliged to receive and undergo medical attention, which was or will be reasonable and necessary arising from the aforesaid defective product and will otherwise incur various expenditures for the injuries she has suffered.”
The DreamLine defendant removed the case to the U.S. District Court for the Eastern District of Pennsylvania on Nov. 24 and followed up with a motion to dismiss the complaint for forum non conveniens on Dec. 1.
“Here, all private and public interest factors weigh in favor of dismissal. Relevant witnesses, such as treating physicians, are in Canada. Material evidence, including the subject product, surrounding shower, fixtures, and medical records, is in Canada. The premises – which need to be inspected – is in Canada,” per the motion.
“Acquiring such evidence from this forum through letters rogatory and application of the Hague Evidence Convention will be costly and time consuming. Potential defendants, including the individuals or entities that sold and installed the shower door, are likely in Canada. This alone warrants dismissal because such third parties are likely outside the jurisdiction of this Court and cannot be joined in this matter. Compared to this forum, Canada has a greater interest in this litigation. This matter involves the rights of Canadian citizens, one of whom was injured in Canada. Canada has a sovereign right to adjudicate claims arising within its borders and impose its own liability scheme for goods in its economy.”
UPDATE
On Feb. 18, U.S. District Court for the Eastern District of Pennsylvania Judge Karen S. Marston ordered that more specificity was required, as to the plaintiff’s allegations for the injuries he daughter suffered.
“It is ordered that by close of business, Feb. 18, 2022, plaintiffs shall file a statement of no more than one paragraph, identifying where Shaelynn King was when she suffered the injuries alleged in the complaint,” Marston said.
Subsequently, plaintiff counsel filed a statement indicating the minor was in her home in Canada when she was injured by the broken glass.
Marston then granted the defense’s dismissal, finding that a Canadian court would be a more appropriate venue for this case.
“Finding that Canada is an appropriate alternative forum and that proceeding in this forum would be more oppressive than convenient, it is ordered that the motion is granted, and this case is dismissed, conditioned on defendant Dreamline Ventures, LLC filing an affidavit consenting to the following,” Marston stated.
“Accept service of process in a subsequent action brought by plaintiffs in Canada alleging the same injuries and damages as set forth in this action, admit jurisdiction in Canada and waive the statute of limitations defense in any action filed in Canada alleging the same claims or arising out of the same injuries alleged in the instant action. Defendant shall file its affidavit consenting to these conditions within 14 days of the date of this order.”
For multiple counts of strict liability, negligence, breach of implied warranty of merchantability, violation of the Unfair Trade Practices and Consumer Protection Law, the plaintiff is seeking damages in excess of $50,000, plus interest and other relief which the Court may deem appropriate.
The plaintiff is represented by Jared Scott Zafran of the Law Office of Jared S. Zafran, in Philadelphia.
The defendants are represented by Jeremy E. Abay of Pietragallo Gordon Alfano Bosick & Raspanti, also in Philadelphia.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-05222
Bucks County Court of Common Pleas case 2021-05423
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com