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A product liability suit that recently landed in federal court alleges a Berkley woman lost her fingers as a result of attempting to put away a folding ping-pong table during a family gathering at her home.
“Due to the table’s unstable design, the legs of the table folded unexpectedly and [plaintiff Aminadabe Rodrigues’] fingers were sliced off as the table collapsed,” the complaint in Rodrigues v. Escalade Sports, Inc. states. “Amina underwent an emergency surgery during which an orthopedic surgeon performed a corrective amputation of her fingers.”
The plaintiff, referred to as “Amina” in the complaint, originally filed her lawsuit in Bristol Superior Court on July 8. The defendant removed the case to U.S. District Court September 13.
According to the complaint, defendant Escalade Sports is an Indiana corporation that in 1980 acquired Harvard Sports, Inc., a California manufacturer of table tennis and pool tables.
The plaintiff alleged that she suffered her injuries on Sept. 5, 2021, when she was 45. At the time, the plaintiff and her husband, Ledir, were hosting a party for close family members at their home. At some point, the plaintiff went to close up and move the ping-pong table when it collapsed.
“Amina’s husband, as well as several guests of the party, were present at the time of the incident and witnessed the events leading to the injury and the injury itself,” the complaint states.
The lawsuit alleges product liability claims for negligence, strict liability, strict liability-failure to warn, strict liability-design defect, negligent design, breach of implied warranty of merchantability and unfair or deceptive trade practices in violation of Chapter 93A.
The plaintiff alleged that the defendant knew or reasonably should have known that the ping pong table was unreasonably dangerous and defective when used as directed and as designed, particular that there existed a risk of “severe injury from opening and closing the ping-pong table as instructed.”
The lawsuit includes a claim for loss of consortium on behalf of the plaintiff’s husband. The complaint seeks $1 million in compensatory damages, plus interest and attorneys’ fees.
The plaintiff is represented by Attleboro attorney Theoharis Eliopoulos. The defendant manufacturer is represented by Sean F. McDonough of Boston. The case has been assigned to U.S. Magistrate Judge Donald L. Cabell.
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