A 52-year-old woman who broke her arm while skating on a brand-new pair of roller skates in June of 2014 has received a $287,500 product liability settlement in the case.
Gladys Jones, who was 50 at the time of the incident, had purchased a pair of “Chicago Skates” roller skates online from Fingerhut.com on June 18, 2014 and was injured eight days later when she unpacked the box and used the skates for the first time, according to a May 4, 2017 story by The Legal Intelligencer.
Jones, a part-time health care aide, had laced up the skates immediately after opening the box and went for a skate in a Philadelphia park, where the right rear wheel of one of the skates began to wobble, throwing her to the ground and breaking her left arm, the story reported.
The new right skate was missing one of its parts, a so-called pivot cup, which helps slow a skater when the skate is tilted forward.
She was taken to a hospital where swelling prevented an X-ray from being taken, but several days later an X-ray confirmed a mid-shaft fracture of her left humerus bone. She later had surgery to have a screw implanted in her arm to correct her injuries. After three months with her arm immobilized in a cast, Jones underwent three months of physical therapy as treatment.
Jones filed a product liability lawsuit in the Philadelphia Court of Common Pleas against Bluestem Brands, which does business as Fingerhut.com, seeking to recover $16,473.32 in medical costs and $2,065 in past lost wages for five months of missed part-time work. She also sought damages for past and future pain and suffering.
The lawsuit was settled for $287,500 prior to a trial. Jones’ lawsuit alleged manufacturing defects and breach of warranty relating to the skates she had purchased and used.
“According to Jones’ counsel, corporate designees of both companies admitted in depositions that the failure to sell the roller skates with all component parts was a breach of the express warranty,” the story reported. “The designees also conceded that the failure to install a pivot cup component was poor workmanship.”
These kinds of tragic legal cases occur every day when innocent victims are severely hurt or killed due to defective products, vehicle crashes and a wide range of other incidents through no fault of their own due to the actions, inattentiveness or indifference of others. That’s why it is critical to have a legal team on your side that uncovers every fact to bolster your case and maximize your damage award.
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