Amy Langlois DeOliveira, a resident and citizen of Baton Rouge, East Baton Rouge Parish Louisiana has sued Apple in a personal injury lawsuit. According to her formal complaint before the court, her iPhone 4S allegedly exploded in her pants last summer burning her leg.
The Formally Filed "Statement of Facts"
At all times material to the present case, Apple was and is engaged in the conduct of business in Baton Rouge, East Baton Rouge Parish, Louisiana in that it distributed, sold, supplied, manufactured, designed, and otherwise processed Apple products, which were distributed, sold and used by consumers and/or citizens like Ms. DeOliveira in Baton Rouge, East Baton Rouge Parish, Louisiana.
At all times material to the present case, Ms. DeOliveira was a consumer of a product manufactured by Apple, namely the purchase from Apple of a certain white 64 GB Apple iPhone 4s, identified by Model\Part number, MD271LL/A, and Serial Number, C39GQESODTDR (hereinafter referred to as "iPhone 4s"), in Baton Rouge, East Baton Rouge Parish, Louisiana.
Ms. DeOliveira purchased the subject iPhone 4s on November 26, 2011, from Best Buy in Baton Rouge, East Baton Rouge Parish Louisiana 70836.
On August 19, 2013, at 6:50 a.m., Ms. DeOliveira arose from her sleep, wherein she unplugged her iPhone 4s from the wall charger in her bedroom. Ms. DeOliveira viewed the time and weather on her iPhone 4s. Thereafter, Ms. DeOliveira placed her iPhone 4s on the armoire in her bedroom and proceeded to wake her children for school.
Subsequently, Ms. DeOliveira got her children ready for school and then retrieved her iPhone 4s from her armoire and placed her phone on the counter that separates her living room and kitchen.
Ms. DeOliveira proceeded to her laundry room to retrieve a pair of denim capri pants to dress for the day. Ms. DeOliveira got dressed in the laundry room and then returned to the kitchen to retrieve her phone.
At or about 7:20 a.m., Ms. DeOliveira retrieved her phone from the counter, viewed the time, and then placed the iPhone 4s in her pants pocket and proceeded to prepare snacks for her children for school.
Subsequently, at or about 7:21 a.m., Ms. DeOliveira heard a loud pop and sizzle, instantly felt a burning sensation to her right leg, and saw smoke. Instantaneously, Ms. DeOliveira screamed and realized that the iPhone 4s had exploded in her pants pocket. The smoke filled Ms. DeOliveira's kitchen and living room and detonated her kitchen smoke alarm.
As a result of the explosion, the iPhone 4s had melted the protective case utilized by Ms. DeOliveira, burned a hole in her pants and ultimately burned her leg.
Ms. DeOliveira immediately removed her pants, which were still smoking, and tossed them to her husband to place outside. Next, she proceeded to her bathroom to run cold water on her burned leg.
As a direct and proximate result of the explosion of the subject iPhone 4s and burn sustained on her leg, Ms. DeOliveira required emergency medical attention.
What compensation is Amy Langlois DeOliveira seeking from Apple? In a nutshell, Ms. DeOliveira's formal "claims for relief" before the court states that she incurred and sustained actual and compensatory damages, including general and special damages, in excess of $75,000.00. It further states that Ms. DeOliveira is entitled to recover an amount calculated to adequately compensate her for the injuries and damages she incurred and sustained.
The complaint was officially filed yesterday in the Louisiana Middle District Court, Baton Rouge Office. The Presiding Judge in this case is noted as being Richard L. Bourgeois. The nature of the case is Personal Injury Product Liability.
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