/cloudfront-us-east-2.images.arcpublishing.com/reuters/JRTVWDTJBJNETNXACSHCOB73EQ.jpg)
(Reuters) - LG Chem Ltd must face a lawsuit in Mississippi state court by a woman who says she was severely injured when one of the company's batteries exploded in a vaping device in her pocket, the state's highest court has ruled, rejecting the company's argument that the court lacked jurisdiction.
Presiding Justice James Kitchens of the Supreme Court of Mississippi, writing for the unanimous panel, found the South Korea-based company was subject to jurisdiction because it "purposefully availed itself of the market for its product in Mississippi."
The ruling reversed a trial court's order dismissing the lawsuit by Melissa Dilworth and her husband, Thomas Dilworth.
"Rulings like this will continue to bolster our efforts to secure justice for consumers across the country," the Dilworths' lawyers, Will Sutton of Beasley Allen Law Firm, Tom Seider of Brannock, Humphries & Berman and Harris Yegelwel of Morgan & Morgan, said in a joint statement.
LG did not immediately respond to a request for comment.
Dilworth alleged in her lawsuit in DeSoto County Circuit Court that the LG Chem lithium ion battery exploded in her pocket while she was walking her dog in 2018, causing third degree burns. She said she had bought the battery from a local vape store, where it was sold without any instructions or warnings.
LG Chem moved to dismiss, arguing the court had no jurisdiction because LG Chem had no office or employees in Mississippi, and that the battery was not authorized for standalone sale. Judge Gerald Chatham agreed, granting the company's motion.
The Supreme Court, however, found that the court did have jurisdiction because LG Chem placed batteries in the stream of commerce intended for Mississippi, noting that products containing the batteries including golf carts, tools and phones are sold there.
"Given LG Chem's effort to serve (directly or indirectly) the market for lithium ion batteries in Mississippi, the availability for sale in Mississippi of the battery that injured Mrs. Dilworth was related to LG Chem's activities in the state and was not a random, isolated, or fortuitous occurrence," Kitchens wrote.
The court found that LG Chem's argument that the sale of the battery was unauthorized could be a defense on the merits but did not affect jurisdiction.
LG Chem is facing other similar lawsuits around the country. Appeals courts in Georgia, Texas and Ohio have allowed them to proceed. But the 9th U.S. Circuit Court of Appeals has affirmed the dismissal of an Arizona lawsuit on jurisdictional grounds, and a Washington state appellate court has done the same in cases in that state.
The case Dilworth v. LG Chem Ltd, Supreme Court of Mississippi, No. 2021-CA-00629.
For plaintiffs: Will Sutton of Beasley Allen Law Firm, Tom Seider of Brannock, Humphries & Berman and Harris Yegelwel of Morgan & Morgan
For LG: Lee Peacocke and Sean Higgins of Lewis Brisbois Bisgaard & Smith
Our Standards: The Thomson Reuters Trust Principles.
"hear" - Google News
October 15, 2022 at 05:09AM
https://ift.tt/wNDXm8T
Mississippi court can hear LG exploding battery case, state's top court finds - Reuters
"hear" - Google News
https://ift.tt/uoKnWLS
https://ift.tt/4U1cOTC
Bagikan Berita Ini
0 Response to "Mississippi court can hear LG exploding battery case, state's top court finds - Reuters"
Post a Comment