This is the Richmond Low file chest sold by the Bombay Company.
CHARLESTON -- A Kanawha County woman has filed a lawsuit against Bombay Company for injuries she said she sustained because of a defective file chest.
Lisa A. Green claims a defective Richmond Low file chest she purchased from the Bombay Company's store at the Charleston Town Center suddenly opened and fell on her leg on Dec. 16, 2003, pinning her underneath the chest and causing her to suffer injuries.
In the suit, filed Dec. 14 in Kanawha Circuit Court by attorney Richard E. Holtzapfel, says the injuries and losses Green suffered were caused by a defect in the design and/or manufacture of the file chest. It also say the Bombay Company is liable because the chest was unreasonably dangerous for its intended use.
The suit claims the defective chest as a breach of an express and/or implied warranty for fitness and a breach of implied warranty of merchantability. Also, it claims the defendant failed to warn the plaintiff and the general public of the chest's defects and "propensity to cause severe and life-threatening injuries."
In the suit, Green says she has suffered severe and prolonged pain, suffering and mental anguish as well as physical injuries, medical care and treatment, lost income and wages, aggravation, annoyance and inconvenience as well as other injuries.
Green seeks a sum to compensate her for her damages as well punitive damages, pre- and post-judgment interests, attorney fees, expenses and costs.
A jury trial is sought.
The case has been assigned to Circuit Court Judge Duke Bloom.
Kanawha Circuit Court case number: 05-C-2708