CHARLESTON – A Mingo County woman says she was injured by a faulty hedge trimmer.
Teresa L. Boggess filed her complaint September 29 in federal court against Positec Tool Corporation doing business as Positec USA. Wal-Mart Stores Inc. also is named as a defendant.
According to the complaint, Boggess purchased a Hyper Tough electric hedge trimmer at Walmart’s Logan location.
On October 3, 2021, Boggess was using the trimmer on some small shrubs at her home when a thin branch became lodged in the blades, causing the blades to stop moving.
After turning the trimmer off, Boggess says she proceeded to manually remove the branch lodged in the blades.
“Despite releasing the operating button and doing everything to safely power off and disengage the hedge trimmer in accordance with the manufacturer’s instruction, when Ms. Boggess removed the shrub branch, the hedge trimmer suddenly and unexpectedly reengaged with the blades moving, causing serious injury to Ms. Boggess’ hand,” the complaint states. “Defendants knowingly and intentionally advertise and market the hedge trimmer as safe for the non-professional home user, stating … that it has a ‘dual safety trigger design so this trimmer only activates when you mean for it to.’”
Boggess says she suffered severe cuts and lacerations to the nerves and tendons in three fingers on her left hand, requiring emergency care, surgeries and extensive physical therapy.
She accuses the defendants of strict product liability, strict liability for failure to warn, negligence and breach of implied warranties of merchantability and fitness for a particular purpose.
Boggess seeks joint and several compensatory damages, exemplary damages, interests, court costs, attorney fees and other relief. She is being represented by Bruce Stanley and Alicia Schmitt of Stanley & Schmitt in Pittsburgh, Pa.
U.S. District Court for the Southern District of West Virginia case number 2:23-cv-00651