CHARLESTON – Toys R Us has removed a lawsuit claiming one of its products caused a Kanawha County house fire to federal court, and the company seeks to have the case dismissed.
Toys R Us Inc. and Summer Infant Inc. filed to have the case of Travis E. Ellison III and Amy D. Ellison removed to U.S. District Court on Aug. 27. The Charleston couple had filed their suit June 24 in Kanawha Circuit Court.
The Ellisons say they received the Summer Infant baby monitor as a present in May 2012 from Travis Ellison's mother at their baby shower, according to the original complaint. They claim the baby monitor was new in the box from Toys R Us and on July 6, 2013, the baby monitor malfunctioned and caused a large fire in their home.
At the time of the fire, Amy Ellison was at home with the couple's 13-month-old child, according to the suit.
The Ellisons claim Amy Ellison fled the home with the infant and contacted the Charleston Fire Department, who extinguished the fire, which, after investigation, was shown to have been caused by the baby monitor.
The product was in a defective condition and that caused injuries and damages to the plaintiffs, according to the suit.
The Ellisons claim Summer Infant and Toys R Us knew or should have known of the defective condition.
The Ellisons are seeking compensatory and punitive damages. They are being represented by Kevin P. Davis.
In the federal filing, Toys R Us denies the allegations made against the company and asks the court to dismiss the complaint with prejudice. It seeks to recover its court costs and attorney fees as well as other relief.
Toys R Us and Summer Infant are represented by Tim J. Yianne of Mannion Gray Uhl & Hill Co. LPA in Charleston.
U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-12718 (Kanawha Circuit Court case number: 15-C-1264)