CHARLESTON – A Kanawha County man says he was severely injured after his tree stand purchased at Cabela’s failed despite a similar stand had been recalled for safety issues.
Kenneth and Monica Hinkle filed their complaint in Kanawha Circuit Court against Mainstream Holdings Inc., BGHA Inc. doing business as Big Game of Windom Minnesota, Muddy’s Outdoors LLC and Cabela’s Wholesale Inc.
According to the complaint, Monica Hinkle purchased a Cobalt tree stand for her husband Kenneth Hinkle in February 2016 at Cabela’s in South Charleston. The product was manufactured and distributed by the other defendant companies.
Kenneth Hinkle used the tree stand various times over the years, storing it in his garage when not in use. On November 22, 2021, he was using the stand while hunting. He was about 25 feet up a tree. When he began to lower the stand, he turned to face the tree and began to lift the lower part of the ground like he had during previous uses.
“When he did so, the stand collapsed, and he fell approximately 25 feet to the ground,” the complaint states. “The fall resulted in a fractured vertebrae in his cervical spine and lumbar spine and further suffered retroperitoneal bleeding.”
Hicks required surgery to repair his injuries, and he required physical therapy. He was off work for about three months from his job as a traveling registered nurse.
The plaintiffs say the tree stand they purchased that failed was substantially similar if not identical to another Cobalt tree stand that had been the subject of a recall. They say it used the same cable support system as the recalled stand.
“The strap that failed was a covered steel cable,” the complaint states. “The presence of defects in the cable was hidden by the cover and attachments at its ends. The ordinary consumer could not inspect the cable.
“The conduct of Cabela’s in failing to warn the plaintiffs of the recall deprived Kenneth Hinkle of the opportunity to protect himself from falling”
The recall notice in question from the United States Consumer Product Safety Commission was dated October 20, 2015, which was four months before Monica Hinkle purchased the one for her husband. The CPSC notice states, “The cable assembly on the climbing tree stand can release, posing a fall hazard to the user.”
Hinkle says he lost time from work, incurred medical expenses including out-of-pocket expenses, deductibles, co-pays and lost wages. He also says he suffered permanent and lasting injuries including loss of grip strength, clonus spasms, weakness and continuing pain and discomfort. His wife sues for loss of consortium.
The plaintiffs accuse the defendants of negligence, including failure to warn of recall, defective product, including failure to warn and breach of warranty.
They seek joint and several compensatory damages, punitive damages and other relief. They are being represented by John H. Skaggs of Calwell Luce diTrapano in Charleston and by G. Patrick Jacobs of Jacobs Law Office in Charleston. The defendants are being represented by Mario R. Bordogna of Clark Hill in Morgantown. The case has been assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number 22-C-828