Guerra v. The Steelstone Group, LLC d/b/a Gourmia
1:22-cv-07191
E.D.N.YMay 22, 2024Background
- Plaintiff Melissa Guerra claims she was seriously burned while using a Gourmia GPC-655 pressure cooker, asserting it was defectively designed.
- Guerra alleges the cooker’s lid could be opened while still pressurized, causing its contents to erupt onto her.
- Her claims against The Steelstone Group, LLC d/b/a Gourmia include strict liability, negligence, design defect, failure to warn, and breaches of warranty.
- The defendant failed to respond, prompting Guerra to seek a default judgment.
- The lawsuit encountered repeated procedural problems: incorrect service addresses, noncompliance with local rules, and insufficient factual allegations.
- The court denied plaintiff’s third motion for default judgment without prejudice and warned that continued errors could result in dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper Service/Notice | Claimed service to defendant’s registered agent and addresses used were appropriate | No appearance or argument | Plaintiff failed to serve at correct business address; Local Rule 55.2(c) not met |
| Sufficiency of Pleadings | Cooker was defectively designed due to ability to open lid under pressure | No appearance or argument | Complaint lacks specific factual allegations to support liability |
| Adequacy of Warnings | Implied warnings were insufficient, without addressing details | No appearance or argument | Complaint fails to allege why or how warnings in manual were inadequate |
| Breach of Warranty Notice | Warranty breach asserted generally | No appearance or argument | No pre-suit notice to warrantor as required under Texas law; claim insufficient |
Key Cases Cited
- City of New York v. Mickalis Pawn Shop, LLC, 645 F.3d 114 (2d Cir. 2011) (entry of default as admission of factual allegations)
- Cement & Concrete Workers Dist. Council Welfare Fund v. Metro Found. Contractors Inc., 699 F.3d 230 (2d Cir. 2012) (default equals admission of well-pleaded facts about liability)
- Handelsman v. Bedford Vill. Assocs. Ltd. P’ship, 213 F.3d 48 (2d Cir. 2000) (complete diversity required for federal diversity jurisdiction)
- Duncan v. Cessna Aircraft Co., 665 S.W.2d 414 (Tex. 1984) (products liability theories under Texas law)
- Timpte Indus., Inc. v. Gish, 286 S.W.3d 306 (Tex. 2009) (elements of design defect under Texas law)
- McLennan v. Am. Eurocopter Corp., 245 F.3d 403 (5th Cir. 2001) (elements of negligence in products liability in Texas)