PHILADELPHIA — A couple claim a defective John Deere ATV caused a fire in their garage.
Harold and Linda Harwick filed a complaint Aug. 8 in the U.S. District Court of the Eastern District of Pennsylvania against Deere & Company alleging liability and negligence and other claims.
The Hardwicks allege in their complaint that the 2012 John Deere ATV they had stored in their detached garage at their property in Mansfield malfunctioned and caused a fire to erupt on Feb. 7, 2021. They claim the defendant negligently designed, manufactured, tested, inspected and assembled the ATV.
The Hardwicks further claim the defendant knew or should have known that their product was unsafe and unfit for its intended use. They allege Deere & Company also breached express and implied warranties due to its negligence in placing the defective ATV into the stream of commerce.
The Hardwicks also alleged in their complaint that they used the ATV in a "foreseeable and ordinary manner" yet suffered damage to their real property and personal property as well as incurred expenses and hardship.
The Hardwicks seek monetary relief of more than $150,000, trial by jury and all other just relief. They are represented by Raymond Mack and James Carfagno of de Luca Levine LLC in East Norriton.
U.S. District Court of the Eastern District of Pennsylvania case number 2:22-CV-03140-KSM