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2 F. Supp. 3d 647
E.D. Pa.
2014
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Background

  • Plaintiffs Madalyn Thomas (19 months) and Jason Thomas sue Staples, Inc. and Executive Machines d/b/a Jeam Imports for injuries from a MailMate Paper Shredder.
  • Shredder was purchased online around Nov 15, 2006 by Amy Thomas for home use and placed on the Thomas kitchen counter in Dallas, PA.
  • On May 25, 2008, Madalyn’s fingers were entrapped while Amy used the shredder; Amy unplugged it and Madalyn was treated for injuries.
  • Plaintiffs assert strict liability, negligence, breach of express warranty, breach of implied warranty, and damages; Defendants move for summary judgment.
  • The court applies Restatement (Third) of Torts for strict product liability and analyzes design defect, warnings, and causation; several claims are resolved on summary judgment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Which Restatement governs strict liability design defect? Thomas argues Restatement Third governs. Staples/Jeam argue Restatement Second governs. Restatement Third applies.
Can a bystander be a strict-liability plaintiff for a defective product? Bystander status is viable under Restatement Third. Only users/consumers may recover under the traditional view. Bystander may recover under Restatement Third; issue remains for causation.
Was the failure to warn/Instructions claim defective due to inadequate warnings? Warnings were insufficient to guard against the risk to children. Warnings were adequate; risk was obvious; comprehensive warnings unnecessary. Summary judgment granted for failure-to-warn claim.
Did Plaintiffs create a triable issue on duty and causation in negligence? Defendants owed a duty to Madalyn and causation was at issue. No duty or causation to Madalyn as bystander. Duty recognized and causation issue for jury; negligence claim survives summary judgment.
Are warranty and punitive damages claims viable? Express/implied warranties were breached; punitive damages warranted. Warranty claims abandoned; punitive damages not warranted. Warranty claims dismissed; punitive damages claim granted to be denied per final order.

Key Cases Cited

  • Covell v. Bell Sports, Inc., 651 F.3d 357 (3d Cir. 2011) (Restatement Third governs defect concepts; foreseeability in Third Restatement)
  • Berrier v. Simplicity Mfg., Inc., 563 F.3d 38 (3d Cir. 2009) (Bypass reliance on user/intended-use constraints in strict liability bystander context)
  • Phillips v. Cricket Lighters, 576 Pa. 644, 841 A.2d 1000 (Pa. 2003) (Acknowledges integration of negligence concepts into strict liability and duty questions)
  • Phillips II, 584 Pa. 179, 883 A.2d 489 (Pa. 2005) (Punitive damages standard; not automatic with negligence; emphasis on outrageous conduct)
  • Schmidt v. Boardman Co., 608 Pa. 327, 11 A.3d 924 (Pa. 2011) (Pennsylvania products liability design/causation considerations)
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Case Details

Case Name: Thomas ex rel. Thomas v. Staples, Inc.
Court Name: District Court, E.D. Pennsylvania
Date Published: Mar 6, 2014
Citations: 2 F. Supp. 3d 647; 2014 WL 882671; 2014 U.S. Dist. LEXIS 28625; Civil Action No. 09-3771
Docket Number: Civil Action No. 09-3771
Court Abbreviation: E.D. Pa.
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