PITTSBURGH – An Adams County boy and his parents have brought suit against a Delaware company for manufacturing a sensory swing that allegedly malfunctioned and resulted in the boy suffering a litany of injuries, including a broken nose.
F.W. (a minor, by and through his parents and natural guardians, Kristie L. Woodcock and Joshua D. Woodcock) filed suit in the Allegheny County Court of Common Pleas on May 10 versus Sensory Scout, LLC, of Dover, Del.
“At all times relevant and material hereto, defendant independently or jointly with their predecessors, subsidiaries, parent or related companies, designed, developed, tested, manufactured, assembled, constructed, inspected, installed, marketed, promoted, advertised, sold and/or distributed a Pod Sensory Swing. Through the actions of defendant, the swing entered the stream of commerce in a manner unsafe for its users. In particular, the swing did not have an adequate safety clip, which broke, fractured, snapped or otherwise failed while the swing was in use,” the suit says.
“On or about Nov. 1, 2022, plaintiff F.W. was using the swing, when suddenly and without warning, a safety clip that came with the product, which helped secure and joined the swing to a fixed hook on a tree, failed, causing plaintiff F.W. to plummet to the ground face first and sustain serious injuries. At all times relevant and material hereto, the swing was unreasonably dangerous and defective in light of the swing's inadequate and defective design, manufacture, and failure to warn, which allowed the safety clip to fail during use.”
The suit adds F.W. suffered the following injuries: Fracture of the nose, fracture of the maxilla, laceration of the lip, puncture wound of the lip, laceration to the chin, severe facial pain, bruises, contusions and other injuries in or about nerves, muscles, bones, tendons, ligaments, tissues and vessels of the body and nervousness, emotional tension, anxiety and depression.
“As a direct and proximate result of the defective and unreasonably dangerous swing, Plaintiff sustained the following damages, some or all of which are or may be permanent or ongoing: He has endured and will continue to endure great pain, suffering, inconvenience, embarrassment, mental anguish, monetary expenditures for the care of his injury and emotional and psychological trauma; He has been and will be required to, expend large sums of money for medical treatment and care, medical supplies, rehabilitation and therapeutic treatment, medicines and other attendant services,” the suit states.
“His general health, strength and vitality have been impaired; He may, in the future, have to face at least one, and possibly numerous, surgeries and he has been and will in the future be unable to enjoy various pleasures of life that he previously enjoyed.”
For counts of strict liability, negligence and breach of warranty, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, together with courts costs, interest and such other and further relief as this Honorable Court may deem just and equitable.
The plaintiff is represented by Richard G. Talarico of Woomer & Talarico, in Pittsburgh.
The defendants have not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-23-006053
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com