Kitsap Crime and Justice

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Lawsuit: Christmas Cut is Court-Bound

December 27th, 2007 by josh farley

It’s a scene that’s played out Christmas morning countless times: a husband happily tears through wrapping paper to discover a Craftsman toolbox from his wife.

Such was the case for a Kitsap County couple on Dec. 25, 2004 — but this time, the husband was the apparent victim of a “razor sharp edge” of the toolbox that cut his thumb.

And that two centimeter Christmas cut has led to a lawsuit filed by a Port Orchard lawyer.


The lawsuit alleges that the husband had begun assembling the toolbox when his left thumb hit the sharp edge of the box, resulting in the laceration and a “contusion” requiring “4.0 nylon suture.”

The couple returned to the Silverdale store where the wife had purchased the tool box and found that the remaining tool boxes didn’t have the sharp edges theirs did.

“Plaintiff alleges that Defendants could have filed the edge down, could have inspected the product, could have provided an adequate warning on the product which should include, but not limited to, the following warning: Caution this product may contain sharp edges — use caution during assembly and usage,” the lawsuit says.

The plaintiffs seek awards for injuries, future medical and out-of-pocket costs, future “pain and suffering,” attorney’s fees, past lost wages and damages compensating plaintiff for “past and future pain and suffering in an amount to be proven at trial.”

No dates have yet been set in the case. For those who are curious, you may follow the court docket at the Washington Courts web site. Just enter the case number 07-2-02986-1.

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8 Responses to “Lawsuit: Christmas Cut is Court-Bound”

  1. Jim C. Says:

    The guy sounds to wimpy to even have the need for a toolbox. Why didn’t he just man up and put some duct tape on it.

    The sad thing is that some liberal judge is going to let this stupid case go through.

    If he really needs to sue someone, it should be his wife for picking the only bad one.

  2. Sharon O'Hara Says:

    Woulda, coulda, shoulda… ‘

    “…plaintiffs seek awards for injuries, future medical and out-of-pocket costs, future “pain and suffering,” attorney’s fees, past lost wages and damages compensating plaintiff for “past and future pain and suffering in an amount to be proven at trial.”

    All that for a stitch and bruise?
    The thumb must have been severed….or worse. Gangrene must have set in causing such pain and suffering.

    The future pain and suffering claim might come if the gangrene could later spread on up the hand and it had to be cut off. As time passed, gangrene could cause future severance on up the arm.giving meaning to ‘future pain and suffering’..

    Did he develop gangrene?

    One 2 cm cut, a stitch and a bruise couldn’t cause such mayhem. Could it?

    To file for ‘past lost wages’ over one stitch and a bruise must mean the gentleman is a left handed brain surgeon.

    Okay, Josh… how about the rest of the story?

    When the couple informed the store what happened, did the store refuse to check out all such items they sell and to place a warning for future buyers to be aware?
    Did the store replace the flawed tool chest?

    Did the store refuse to pay medical costs and the lost wages?
    How many days work did the man lose over one stitch and a bruise?

    What is the real story here, Josh?
    Sharon O’Hara


    All we know, Sharon, is what is in the lawsuit … and those details are here.

  3. Kym Says:

    Jeeze… looks like someone looking for thier next handout from the court system. Maybe they are related to the lady who sued McDonalds for the coffee being to hot?

  4. Cean Says:

    I am sympathetic to the victim. Picture Christmas Day, a new toolbox, suddenly, blood all over the carpet and a yell of pain. Then, they drove to an emergency room, waited while other more serious cases were seen, and still he needed stitches. Then, he may have had to write a check or pull out a debit or credit card to pay his insurance copayment. So they had mess, pain, time and financial cost.
    By that time, I, too, would have wanted revenge of some kind.
    I hope that the manufacturer is at least looking at their process (in China, perhaps?) to be sure that this doesn’t happen to someone else.

  5. Jose Vargas Says:

    Another perfect example of the people of this country just going completely insane. Will we ever see common sense again in this land?

  6. Kris Says:

    Oh my Gawd! If I sued every time I got a cut or scratch or bruise from a product that I bought, I would be one rich woman by now. Jeeeeeeeeeeeeeeeeez!

    A couple years ago, I bought my daughter several pairs of flip flops (from Walmart) that resembled berkinstocks. She wore them a great deal until, the nails that attached the vamp to the sole slipped out and sliced her foot. All of the shoes had the same wear on them. I took a picture of the shoes, then a picture of my daughter’s foot, took them to Walmart and demanded my money back.
    Last thing they wanted was a lawsuit. I also sent the pics to the department of safety (whatever it was, can’t remember the name) and Corporate offices of Walmart. I never received a response. Surprise surprise. Needless to say, I no longer buy shoes from Walmart. Take heed, if you buy ANYTHING that was made in China, you are at risk. Period. Walmart’s sales are down because of the merchandise they carry from China. Maybe they will take the hint….Maybe not. Bottom line here is, you get what you pay for.

    One last thought for the couple that purchased the tool box…they should be writing the COMPANY that built the box…they should be the ones inspecting with efficiency and effectiveness, not the retailer.

  7. Sharon O'Hara Says:

    cean…I’ve had the same thing happen to me.

    I rinsed the blood off to see the cut, squeezed the ends of the cut open to see how deep it was…washed my hands carefully with soap…rinsed well, patted dry and put a butterfly bandage over the cut.

    Then cleaned the blood splatter.. It did not occur to me to see a doctor for such a cut.

    My cut healed without a stitch.

    I’m sorry the gentleman was injured, but for such a lawsuit… there has to be more to the story than we know.

    The gentleman was apparently well enough to go through the store checking the other tool boxes for the same flaw his had.
    If his was the only tool box with the flaw…the store most likely did not know about one flawed tool box out of the shipment of many that came with it.

    I don’t know of any business that would knowingly sell a customers a flawed tool box likely to cause injury to anyone.

    Most businesses have a advertising/promotion fund spent to draw customers into the store.

    Why would they pay to draw folks in to shop, then sell them a flawed item to cause injury?
    In my opinion… Sharon O’Hara

  8. JoeInKitsapCo Says:

    What you have here is pure American Greed!

    I got hurt so someone owes me something.
    The Kallio’s (plantiffs)obviously want something for nothing. Pure American Greed and stupidity.

    Of course it doesn’t say how much they are trying to stick to Sears and associates.

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