Christina Zambrano has filed a lawsuit against Lithicore Tech, LLC, alleging strict liability and negligence. The complaint was filed in the District Court of Harris County, Texas on May 17, 2024.
The plaintiff, Christina Zambrano, a resident of Fort Mill, York County, South Carolina, claims that she purchased two Lithicore batteries in early 2023 for use in her vape device. On July 3, 2023, one of these batteries allegedly exploded in her back pocket without warning, causing severe third-degree burns to her body. The defendant is Lithicore Tech, LLC, a domestic corporation authorized to do business in Texas. The company is accused of multiple counts including defective design and manufacture of the battery.
According to the court documents, Zambrano asserts that the battery was defectively designed and manufactured which made it unreasonably dangerous. She further alleges that there were no warnings or instructions provided regarding the risks associated with using the battery. "The defect rendered the Lithicore Battery unreasonably dangerous," states the complaint. The plaintiff contends that safer alternative designs for lithium-ion batteries were available and feasible at the time but were not implemented by Lithicore Tech.
Zambrano also accuses Lithicore Tech of negligence for failing to exercise reasonable care in designing, manufacturing, testing, marketing, labeling, packaging, selling, recalling, and distributing the battery. Additionally, she claims that the company breached its warranty as the product failed to function as intended and caused severe bodily injury. "Lithicore Tech made material misrepresentations about the safety and efficacy of their product," reads another section of the petition.
The plaintiff seeks monetary relief exceeding $1 million for physical pain, mental anguish, loss of earning capacity, disfigurement, physical impairment, medical expenses and other out-of-pocket economic losses. She also demands both prejudgment and post-judgment interest as allowed by law along with all costs of court.
Representing Christina Zambrano are attorneys Donald H. Kidd (State Bar No. 11383100), Jim M. Perdue Jr. (State Bar No. 00788180), and Adam J. Blake (State Bar No. 24101521) from Perdue & Kidd law firm based in Houston Texas. The case is being presided over by Judge Brianna Janel Denmon under Case ID: 2024-31670.