PHILADELPHIA — A custodial worker who allegedly passed out due to inhaling noxious chemicals in a floor-cleaning product is alleging the maker's breach of warranty.
Mary Costello and Gerald Costello filed a complaint June 27 in the U.S. District Court for the Eastern District of Pennsylvania against Spartan Chemical Company Inc., John Doe 1 distributor and John Doe 2 seller alleging negligence, breach of warranty and other claims.
Mary Costello was working as a custodial assistant for the School District of Philadelphia at the John H. Webster School on Frankford Drive on June 30, 2020, according to the complaint. The plaintiffs allege that as Mary Costello was applying the defendant Spartan Chemical's "stripper" product to the floors, she was rendered unconscious from inhaling noxious chemicals.
They further allege Costello fell down and struck her head on the hard floor and suffered traumatic brain injury including a concussion, dizziness and facial pain as well as shoulder, arm and knee pain.
The plaintiffs claim the defendants' negligence for failing to discover the defective nature of its product ingredients, failing to follow governmental safety codes and regulations and failing to follow industry standards. They also claim the defendants failed to inspect and test the product or affix appropriate warnings and instructions.
The plaintiffs also claim the defendants' breach of warranty for its false representations in the manufacturing, packing and designs of its stripper product.
The plaintiffs seek monetary relief of more than $75,000, interest trial by jury and all other just relief. They are represented by Simon Rosen of The Law Office of Simon Rosen PLLC in Wyncote.
U.S. District Court for the Eastern District of Pennsylvania case number 2:22-CV-02511-ER