PITTSBURGH – Amazon has removed litigation from a Western Pennsylvania couple against both it and the manufacturer of a ladder they claim was defective to federal court, after the wife-plaintiff fell from the ladder while conducting an insurance estimate at a home in Erie.
Amber Green and Eric Green of Harrison City first filed suit in the Allegheny County Court of Common Pleas on Jan. 3 versus Amazon.com, Inc. (and a number of related Amazon defendants) of Seattle, Wash., Handvoll of Garden Grove, Calif., and John Doe No. 1.
According to the suit, plaintiff Amber Green purchased a 17.5 foot Handvoll Telescoping Ladder from defendant Amazon’s website, which was delivered to her home.
“On March 5, 2020, Mrs. Green was conducting such an insurance estimate at a home located at 342 Glenridge Road, Erie, Pennsylvania, 16509. The insurance estimate required Mrs. Green to get onto the roof of the home, Mrs. Green used the ladder to access the roof. As she was attempting to come down from the roof via the ladder, it suddenly and unexpectedly collapsed, causing Mrs. Green to fall approximately 10 feet to the ground. Mrs. Green landed her back on top of the ladder,” the suit said.
“As a direct and proximate result of the above-described incident, Mrs. Green sustained the following injuries: Left radial head fracture; fracture of T-11 and T-12 vertebrae, severe left elbow pain, severe back pain, left wrist and hand pain, bruises and contusions, numbness and tingling in her bilateral extremities, decreased range of motion in her left elbow, scarring and disfigurement, nervousness, confusion, emotional tension, anxiety and severe, persistent and ongoing chronic pain.”
The suit claimed that Amazon knew or should have known of the ladder’s defective condition, and yet did not remove it from retail sale.
UPDATE
Counsel for Amazon removed the action to the U.S. District Court for the Western District of Pennsylvania on March 25, due to complete diversity of citizenship between the parties and the amount in damages demanded in the suit.
“Mrs. Green asserts claims against Amazon sounding in strict liability and negligence and seeks to recover an amount in excess of $50,000 for her injuries. Additionally, Mr. Green asserts a claim for loss of consortium and seeks to recover an amount in excess of $50,000. This case is properly removed to this Court under 28 U.S.C. Section 1441 because Amazon has satisfied the procedural requirements for removal and this Court has subject matter under 28 U.S.C. Section 1332. Plaintiffs are not citizens of the same state as any of the defendants, and the amount in controversy exceeds $75,000, exclusive of interest and costs,” the removal notice stated.
“As alleged in the complaint, plaintiffs reside at 30 Country Farm Lane, Harrison City, Pennsylvania; therefore, they are citizens of Pennsylvania. For diversity purposes, a corporation is deemed a citizen of its state of incorporation and of the state where it has its principal place of business. The complaint alleges that Handvoll is incorporated under the laws of California, with its principal place of business in California. Therefore, Handvoll is a citizen of California. Defendant Amazon.com, Inc. is incorporated under the laws of Delaware, and its principal place of business is in Washington. Therefore, Amazon.com, Inc. is a citizen of Delaware and Washington.”
For multiple counts of negligence, strict liability and loss of consortium, the plaintiffs are seeking, jointly and severally, damages in excess of the arbitration limits of Allegheny County.
The plaintiffs are represented by Athena M. Dufour-Mason and Paul R. Robinson of Meyer Darragh Buckler Bebenek & Eck, in Pittsburgh.
The defendants are represented by Erin W. Grewe of Campbell Conroy & O’Neil, in Berwyn.
U.S. District Court for the Western District of Pennsylvania case 2:22-cv-00496
Allegheny County Court of Common Pleas case GD-22-002436
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com