Patrick Albanese, a hand model, actor, musician, and magician, has filed a defective product lawsuit against Martha Stewart Living Omnimedia and Kmart Corp. over injuries he suffered from using a lounge chair manufactured by Stewart’s company and sold by Kmart.
Albanese was moving his Martha Stewart Everyday lounge chair when the front legs broke down, squashing his index finger between the front leg and a tubular bar on the chair’s base. The pressure was great enough to sever the tip of his finger. It was eventually surgically reattached.
Albanese is suing Martha Stewart Living and Kmart for damages to cover medical expenses, pain and suffering, permanent partial disfigurement, and loss of earning capacity.
Albanese’s attorney claims that the defendants were negligent by failing to properly design and inspect the chair, and for not issuing a warning that the product was defective. Martha Stewart Living and Kmart have not responded to the allegations.
While Albanese will eventually be able to resume working as a hand model, he has been unable to perform his job duties while recovering from the accident. The injury has also seriously impacted his ability to work as a magician. He no longer has a fully functioning index finger, which impairs his ability to perform slight-of-hand tricks and play the banjo. Both are major parts of his magic act.
Currently, there has not been a recall issued for the chair.
It is important to consult an experienced personal injury attorney if you have been injured by a defective product. You may be entitled to receive compensation for your damages.
If you have a product liability claim in the Philadelphia, Pennsylvania area, please contact the law offices of Pomerantz Perlberger & Lewis LLP today to schedule an initial consultation.
