SHERMAN -- While attempting to make a call on her Kyocera Strobe wireless phone, Shanetha Young claims she felt a shock on her left arm as the phone's battery exploded. Her physical and emotional harm;
According to court papers, Young was taken to the emergency room and admitted for chest pain after the explosion. Young states she continues to suffer from chest pain and requires ongoing medical treatment.
She alleges the phone was unreasonably dangerous due to its potential for exploding or igniting and sending an electric shock through the phone user's body.
Young filed a lawsuit against Kyocera Wireless Corp., Kyocera Communications Inc., Kyocera Corp., MetroPCS Communications Inc., John Doe Battery Manufacturer and John Doe Battery Distributor on July 23, 2009 in the Sherman Division of the Eastern District of Texas.
The plaintiff purchased the phone from the MetroPCS store in Plano in January 2007.
The defendants are accused of manufacturing, marketing and selling an unreasonably dangerous and defective wireless phone and battery.
Further, the plaintiff alleges the defendants are negligent for failing to warn that the phone could explode and/or shock those using it and that the explosion was a hazard and could cause physical damage.
Young claims the defendants are liable for:
Failing to provide a safety device to stop the phone from shocking the user;
Failing to provide warnings;
Failing to sell the phone in a safe condition;
Failing to test or inspect the phone; and
Failing to establish proper adequate quality control methods to provide a safe phone and battery.
Causes of action filed against the defendants include strict liability, negligence and breach of warranty.
The plaintiff is seeking damages for physical pain, mental anguish, physical impairment, medical expenses, pain and suffering, punitive damages, actual damages, attorneys' fees, pre and post-judgment interest.
Young is asking for a jury trial.
Dallas attorney Cary W. Schulman is representing the plaintiff.
U.S. District Judge Michael H. Schneider is representing the plaintiff.
Case No 4:09cv00349