By Jon Hood
ConsumerAffairs.com
December 21, 2009
An Ohio couple is suing Graco and Rubbermaid, alleging that a car seat jointly designed by the two companies caused their daughter severe and permanent rashes all over her body.
Mark and Natalie Stevens, of Butler County, brought the suit on behalf of their two-year-old daughter Sadie. According to the Stevenses' complaint, they began noticing "rashes and burns" on Sadie's legs shortly after they purchased and began using a Graco SafeSeat.
The rashes, which were initially confined to Sadie's legs and back, "subsequently spread to her face and arms, became more prominent on her legs and back, and increased in severity, pain and disfigurement." The rashes were unresponsive to medical treatment, and Sadie's dermatologist has determined that her skin will be "permanently disfigured" for the rest of her life.
When the Stevenses contacted Graco about the problem, the company told them to return the car seat for a replacement, which they did. The Stevenses subsequently asked Graco to test the seat to determine what might have caused Sadie's injuries, but were told that Graco was no longer in possession of the car seat.
According to Graco's website, the company manufactures two types of SafeSeat brand seats: the Birkshire and the Nectar. Both are designed for babies up to 30 pounds and 32 inches tall. The seats have been "extensively crash tested" and are "engineered for safety." The seat is designed "for baby's comfort" and comes equipped with a "padded seat [with] an infant head support plus 180 rotating canopy."
The suit alleges breach of express and implied warranties, breach of several Ohio consumer protection statutes, intentional and negligent infliction of emotional distress, and loss of filial consortium. The last count is based on the Stevenses' assertion that Graco "intentionally or negligently caused physical injury to [Sadie]," and that, as a result, the Stevenses "have lost the society and companionship of their minor child." The success of this count is doubtful, given that Sadie is still living and has not apparently suffered any physically or mentally debilitating injuries.
The suit also alleges spoiliation of evidence, resulting from Graco's alleged destruction of the car seat despite the fact that Graco "knew, or should have known, that litigation was to commence as it was aware of Plaintiff Sadie Stevens's injuries." The Federal Rules of Civil Procedure require potential parties to litigation to preserve evidence, even if a suit has not yet been filed.
The Stevenses are petitioning the court for compensatory and punitive damages of at least $25,000 each, an award for pain and suffering of at least $25,000, and an award for past and future medical expenses of at least $25,000. The suit was brought on behalf of the Stevenses only but, as with any lawsuit, could be converted to a class action if enough similar instances are discovered. The action is being heard in Butler County Common Pleas Court.
