West Virginia Record

Thursday, November 21, 2019

Baby monitor house fire case removed to federal court

By Kyla Asbury | Oct 13, 2015

Toysrus

CHARLESTON – A lawsuit involving an alleged faulty baby monitor has been removed to federal court.

The notice of removal states that the federal court has original jurisdiction of all civil actions where the matter in controversy exceeds the sum of $75,000, according to the notice.

Summer Infant is a Rhode Island corporation and Toys R Us is a Delaware corporation, satisfying the diversity of citizenship requirements, according to the notice of removal.

In May 2012, Travis E. Ellison III and Amy D. Ellison received the Summer Infant baby monitor as a present from Travis Ellison's mother at their baby shower, according to a complaint filed originally filed in Kanawha Circuit Court and removed to federal court.

The Ellisons 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.

Summer Infant is represented by Tim J. Yianne of Mannion Gray Uhl & Hill LPA.

The case is assigned to District Judge Thomas E. Johnston.

U.S. District Court for the Southern District of West Virginia case number: 2:15-cv-12718

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Mannion Gray Uhl & Hill Co. LPA