Lawsuit: Christmas Cut is Court-BoundDecember 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.