QVC sued when hanging tomato planter knocks man topsy turvy

Michelle Massey, East Texas Bureau Sep. 3, 2009, 7:00am

MARSHALL -- While watering his tomatoes, Doug Lampley states the planter fell and knocked him off his porch. He claims he should have been warned that the tomato container was unreasonably dangerous and a posed an extreme degree of risk.

He filed a product liability lawsuit against QVC TX LLC, on Sept. 2 in the Marshall Division of the Eastern District of Texas.

Lampley states that in the spring of 2008, he was watering his tomatoes when one of the wires holding the Topsy Turvy Deluxe Tomato Planter broke, causing the planter to fall and knock him off his porch.

He believes the planter was defectively designed and constructed and was not fit for the use and purpose for which it was intended.

Within in the lawsuit, the plaintiff argues that QVC "could reasonably foresee that said Topsy Turvy Deluxe Tomato Planter would be used by such persons as Doug Lampley in the manner in which it was being used at the time of his injuries."

Lampley states that the product was unreasonably dangerous due to the type, size and material of the cable and connectors used.

He also states that the planter was designed, manufactured, distributed, and sold without sufficient or adequate warnings or instructions that the product could cause bodily injuries.

The lawsuit states that the QVC was negligent for failing to construct a product that would not come apart, placing the product on the market in an unsafe condition, failing to give notice of the product's hazardous and defective condition, and failing to recall or timely recall the planter.

Lampley states that the defendant is negligent in failing to prove adequate safety devices to prevent these incidents.

The plaintiff is seeking damages for physical pain, mental anguish, physical impairment, physical disfigurement, medical care, loss of ability to perform housework and other household duties. Seeking punitive damages, Lampley argues

that QVC's conduct was intentional and committed with a "heedless and reckless" disregard for his rights and safety.

Attorney Don Wheeler of Center is representing the plaintiff.

U.S. District Judge T. John Ward is assigned to the litigation.

Case No 2:09cv00264

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