In a gripping legal battle, Erie Insurance Exchange has filed a lawsuit against ReCommerce 412, LLC, doing business as Merchandise at Cost Discount, for damages exceeding $250,000. The complaint was filed in the Court of Common Pleas of Allegheny County, Pennsylvania on May 13, 2024. Erie Insurance Exchange is seeking compensation for substantial property damage allegedly caused by a defective product sold by the defendant.
According to the court documents, Erie Insurance Exchange provided insurance coverage to Donald Larrick for his property located at 923 Hazel Avenue, Ambridge, PA. On July 26, 2022, Larrick purchased a Black and Decker LCC222 20V MAX lithium string trimmer from Merchandise at Cost Discount. The trimmer came with a battery pack and charger. On August 11, 2022, while charging the battery pack in his garage, a fire erupted causing significant damage to Larrick's property. Erie Insurance Exchange claims that this incident resulted from defects in the product sold by ReCommerce 412.
The plaintiff accuses ReCommerce 412 of negligence for failing to properly inspect and test the battery pack and its components before selling it. "The aforementioned damages were the direct and proximate result of the negligence and carelessness of Defendant," states the complaint. Additionally, Erie Insurance Exchange argues that ReCommerce 412 failed to provide adequate warnings or instructions regarding the safe use and maintenance of the product.
Erie Insurance Exchange is also pursuing claims under strict liability and breach of implied and express warranties. They assert that ReCommerce 412 sold a defective product that was unreasonably dangerous and not fit for its intended purpose. "Defendant breached any and all express warranties made or relating to the product," alleges Erie Insurance Exchange.
The plaintiff seeks judgment against ReCommerce 412 for damages exceeding $250,000 plus costs associated with the lawsuit. They argue that these damages were covered under their insurance policies with Larrick and that they have become subrogated to certain claims as a result.
Representing Erie Insurance Exchange is attorney Richard J. Boyd Jr., while no information about ReCommerce 412's legal representation is provided in the document. The case will be heard in front of judges from the Court of Common Pleas of Allegheny County under Civil Action No.: (not specified).