A New Jersey man has filed a personal injuries lawsuit against Apple for his alleged pain and torment as a result of his severe, permanent, disfiguring and disabling injuries caused by his iPhone 4. The lawsuit claims that the plaintiff will be compelled to spend great and diverse sums of money for medical aid and treatment, and has been and will be prevented from attending to his usual occupation, duties, activities and future business. The Plaintiff is seeking $75,000.00 in damages excluding medical and other costs.
4 Counts Listed in the Lawsuit
On or before September 4, 2011, Plaintiff, Michael Filippone purchased an iPhone 4 from an Apple Store in New Jersey. On September 4, 2011, Filippone was allegedly burned severely by the iPhone 4 and suffered "great pain and torment as a result of his severe, permanent, disfiguring and disabling injuries …"
Mr. Filippone's lawsuit against Apple was filed with four counts. The First Count is for Negligence – Strict Liability; Count Two is for Implied Warranty; Count Three is for Express Warranty; and Count Four is for Product Liability/NJ Product Liability Act.
According to the formal complaint, Mr. Filippone was injured "due to the negligent, careless, defective and/or hazardous design, manufacture, supply, assembly, maintenance, inspection, repair, packaging, distribution, advertising, marketing and/or sale of said iPhone 4 …" This is repeated throughout the formal complaint.
The patent infringement case presented in today's report was filed in the New Jersey District Court, Newark Office in Essex County. The Presiding Judge in this case is noted as being Judge William J. Martini. The lawsuit was originally filed last week and only came to light today from our legal sources.
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