Volusia County, Florida (PRWEB) November 29, 2016
ClassAction.com attorney Mike Morgan has filed a product liability and negligence lawsuit against e-cigarette manufacturers and retailers over an alleged vape explosion that he says injured his clients, Florida couple James Dardini and Angela Dardini.
Mr. and Mrs. Dardini’s complaint was filed in the Seventh Judicial Circuit in and for Volusia County, Florida, on September 16, 2016. Defendants include Kangertech, which allegedly made the vape devices; Sunshine Vapor, the retailer that allegedly sold Mr. Dardini the vape products; and Perfect Vape, which allegedly imported the devices and sold them to Sunshine Vapor.
The lawsuit seeks damages, costs, interest, and attorney fees, plus any further relief that the Court deems just and proper.
The complaint alleges strict liability, negligence, design and manufacturing failures and failure to adequately warn plaintiffs of the products’ risks, among other charges.
The complaint states that Mr. Dardini purchased a Kanger vaporizer and battery from the Sunshine store on September 21, 2015. On December 28, 2015, while at work in Ocoee, Florida, Mr. Dardini alleges that around 11am—a few hours after allegedly using the device on his way to work—the vaporizer device exploded in his front right pocket, “engulfing Mr. Dardini’s leg in flames.”
The complaint alleges that Mr. Dardini had to be transported to Health First Hospital in Clermont, Florida, before then being transferred to the Burn Unit at Orlando Regional Medical Center (ORMC) to be treated for second and third degree burns. While at ORMC, the complaint claims that Mr. Dardini had to undergo “a significant skin graft surgery to his right leg.”
As a result of this alleged incident, the complaint states, “Mr. Dardini sustained severe, permanent and life-altering injuries to his groin, legs and lower back.”
The complaint continues by claiming these allegations:
As a direct and proximate cause of the foregoing conduct of Defendant Perfect Vape [and Sunshine, and Kangertech], Mr. Dardini sustained serious and permanent bodily injuries resulting in pain and suffering, permanent impairment, disability, mental anguish, inconvenience, loss of the enjoyment of life, expense of medical care and treatment, expense of hospitalization, lost wages in the past and the loss of ability to earn wages in the future.
Mr. Dardini’s wife Angela is a plaintiff because the lawsuit claims that Mr. Dardini’s alleged injuries have affected their marriage and caused Mrs. Dardini “loss of affection” and “mental anguish.” The complaint alleges:
…as a direct and proximate result of the foregoing, Mrs. Dardini suffered the following damages: (1) loss of consortium and damage to her husband/wife relationship; (2) loss of affection, solace, comfort, companionship, society, assistance, sexual relations, emotional support and love; and (3) mental anguish.
The complaint includes photos of the alleged injuries and vape devices in question.
ClassAction.com is part of the Complex Litigation branch of nationwide plaintiff’s law firm Morgan & Morgan. Mike Morgan is the managing partner of Morgan & Morgan’s Product Safety Group, which represents individuals who have been injured due to poorly designed and defective products.
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY, FLORIDA
JAMES DARDINI and ANGELA DARDINI, Plaintiffs vs. SUNSHINE VAPOR, LLC, Florida Limited Liability Company; KANGERTECH U.S., LLC, a Georgia Limited Liability Company; KANGERTECH US DISTRIBUTIONS LLC, a Georgia Limited Liability Company; KANGERTECH HOLDINGS LLC, a Georgia Limited Liability Company; and PERFECT VAPE, LLC, an Oklahoma Limited Liability Company; Defendants
CASE NUMBER: 201610220CIDL