A woman is suing a popular retail chain after a folding chair she purchased collapsed, causing her severe injuries. Dolores Lobiondo filed the complaint against Five Below, Inc., Five Below Merchandising, Inc., and 1616 Holdings, Inc. in the Court of Common Pleas of Delaware County, Pennsylvania on September 4, 2024.
According to the court documents, Lobiondo purchased several folding chairs from a Five Below store in Media, Pennsylvania on April 5, 2023. When she used one of the chairs for the first time at her home on April 15, 2023, it collapsed immediately upon sitting down. The fall resulted in multiple injuries including bruises, contusions, muscle tears, and a fractured pelvis. Lobiondo claims that these injuries have caused her significant physical pain and mental anguish and may have long-term effects.
The lawsuit alleges that the defendants—Five Below entities and 1616 Holdings—are liable under strict product liability laws as well as negligence. Specifically, Lobiondo accuses them of designing and selling a defective product that was unreasonably dangerous for normal use. The complaint lists numerous failures on the part of the defendants such as inadequate warnings about potential dangers and insufficient testing of the product before its release to consumers.
Lobiondo's attorney James D. Famiglio argues that his client’s injuries were directly caused by the defendants' failure to ensure that their products were safe for consumer use. He cites violations of sections from the Restatement (Second) of Torts including §402(a), which deals with liability for selling products in a defective condition unreasonably dangerous to users or consumers.
In addition to compensatory damages not exceeding $50,000 for medical expenses and lost earnings due to her inability to work post-accident, Lobiondo is also seeking punitive damages against all defendants involved. The plaintiff's demands include coverage for attorney’s fees and other legal costs associated with bringing this case forward.
Attorneys James D. Famiglio representing Dolores Lobiondo.