MARSHALL - The manufacturer and retailer of a measuring cup are facing a lawsuit that argues the cup was not safe for microwave use as the company claimed.
After suffering severe burns, Mercedes Kotchev and George Kotchev filed suit against G & S Metal Products Co. Inc. and Family Dollar Stores Inc. on Feb. 21 in the Eastern District of Texas, Marshall Division.
The incident occurred on April 3 as Mercedes Kotchev was using the measuring cup, purchased from Family Dollar and manufactured by G & S Metal Products.
"The measuring cup is identified as a GS EZ Handy Helpers 2 Ã¯Â¿Â½ cup measuring cup. The label affixed to the measuring cup shows the price of $ 1.00 and specifically states that it is 'Microwave safe,'" the suit states.
Kotchev states she placed soap inside the measuring cup and heated the contents in the microwave. After removing the cup from the microwave, she sat down and began to stir the melted soap. She states that during the process of stirring, the contents of the measuring cup leaked out the bottom and onto her legs. She immediately went for emergency medical treatment and was diagnosed with severe burns.
The plaintiffs argue that the defendants should have known of the risk of the measuring cup melting if placed in a microwave or if its contents were heated in a microwave.
The defendants are accused of strict products liability, defective marketing, failure to warn, breach of express warranty, misrepresentation, breach of implied warranty, and negligence.
Mercedes Kotchev is seeking damages for physical pain, mental anguish, medical expenses, physical impairment, disfigurement, lost earnings, interest and court costs.
George Kotchev is seeking damages for loss of household services and loss of consortium.
The plaintiffs are represented by Bruce A. Smith, T. John Ward Jr. and Thomas W. Reardon Jr. of Ward & Smith Law Firm in Longview.
A jury trial is requested.
Case No. 2:11-cv-00098