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PENNSYLVANIA RECORD

Tuesday, April 30, 2024

Schuylkill County plaintiffs say defective Yankee Candle caused $342K in fire damage to their home

Lawsuits
Webp stevenjpayne

Payne | de Luca Levine

PHILADELPHIA – A Schuylkill County couple alleges that a Yankee Candle they had inside their home was defective and caused a fire, which they say led to extensive renovations at their property costing more than $342,000.

Robert Motto and Jill Motto of New Philadelphia initially filed suit in the Philadelphia County Court of Common Pleas on Feb. 21 versus Newell Brands, Inc. of Atlanta, Ga. and The Yankee Candle Company, Inc., of South Deerfield, Mass.

“Defendants designed, manufactured, assembled, tested, inspected, marketed, branded, distributed, sold and placed into the stream of commerce ‘Yankee Candle’ candles-in-jars intended for use by consumers for the ordinary purpose associated with candles. On or about Aug. 2, 2022, a fire originated from the defective Yankee Candle in use at the [plaintiffs’] subject property, when the product failed catastrophically, suddenly and without warning,” the suit says.

“The fire resulted in damage to the real and personal property of the Mottos, and caused them to vacate their home for a reasonable period of time while repairs were made and their home was restored to its pre-fire condition. In addition, the fire resulted in other consequential and incidental damages, including clean-up costs, debris removal and other associated and necessary expenses. At the time of the fire, the Yankee Candle was in use in a tin candle holder of the type typically used with such candles, which use was foreseeable to defendants.”

The suit adds that the Yankee Candle in question was not “modified, changed, altered or abused” by the Mottos prior to or during its use.

“At all times material hereto, defendants knew and intended that the Yankee Candle would be used by members of the general public, and knew of the specific uses, purposes and requirements for which the Yankee Candle and candle holder would be utilized,” the suit states.

“Defendants designed, manufactured, assembled, tested, inspected, marketed, branded, distributed, sold and placed into the stream of commerce the subject Yankee Candle in a dangerous and defective condition, with a defect which caused the Yankee Candle to malfunction and start a damaging fire. As a result of the aforementioned fire and damages, plaintiffs sustained damages in the amount of $342,163.82.”

On March 29, defendant The Yankee Candle Company, Inc. removed the action to the U.S. District Court for the Eastern District of Pennsylvania, citing diversity of citizenship between the parties and the amount of damages at issue.

Subsequently, on April 5, both defendants answered the complaint, denied liability for the plaintiffs’ damages and put forth affirmative defenses on their own behalf.

“The incident complained of was caused by third-parties over whom defendants had no control. If the descriptions in the complaint of the injuries and damage sustained is accurate, which is expressly denied, then said injuries and damages were caused by the actions, omissions, negligence, carelessness, recklessness or other liability-associated intent of plaintiffs and/or other named and unnamed persons and/or entities in the complaint, which conduct constituted an intervening, superseding cause of the injuries and damage,” the defenses read.

“Plaintiffs’ recovery shall be barred or diminished according to the percentage of negligence attributable to him/her. Plaintiffs’ recovery shall be barred or reduced by their failure to mitigate damages. Plaintiffs’ service of process was insufficient.”

For counts of strict liability, negligence and breach of warranties, the plaintiff is seeking judgment in the amount of $342,163.82, plus interest, delay damages and such other relief as the Court deems appropriate under the circumstances.

The plaintiffs are represented by Steven Joseph Payne and Raymond E. Mack of de Luca Levine, in East Norriton.

The defendants are represented by Sean T. Stadelman of Goldberg Segalla, in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case 2:24-cv-01338

Philadelphia County Court of Common Pleas case 240202394

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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