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Defectively Designed Leaf Blower

June/July 2019

Jessica Sensini, 25, was using a Troy-Bilt electric leaf blower model TB180B to remove leaves from her patio. After she plugged in the blower’s A/C power cord, the device’s impeller exploded, sending large pieces of shrapnel into her genital area. She suffered lacerations to her genitals, necessitating emergency surgery and three reconstructive surgeries. As a result, Sensini has experienced reduced sensation. Her medical expenses were more than $18,100.

Sensini sued MTD Southwest Inc., which manufactured the leaf blower, alleging defective design and manufacture. The defendant admitted liability, and the parties proceeded to trial on damages.

The jury awarded more than $353,100.

Citation: Sensini v. MTD Southwest Inc., No. 5:17-cv-113-oc-30PRL (M.D. Fla. Feb. 21, 2019).

Plaintiff counsel: AAJ member Andrew F. Knopf and Mitchell H. Chubb, both of Winter Park, Fla.

Comment: In Jones v. Lowe’s Home Ctrs., LLC, 2018 WL 3910886 (M.D. Fla. Mar. 1, 2019), Robert Jones was using a Troy-Bilt leaf blower model 197BV purchased at Lowe’s Home Centers when the device’s impeller broke without warning. Sharp plastic shrapnel flew directly into Jones’s eye. He sued Lowe’s, Troy-Bilt LLC, and MTD Southwest Inc., alleging strict liability and negligence claims and seeking punitive damages. Additionally, the plaintiff claimed negligent performance of a voluntarily undertaken post-sale duty to warn against Southwest. The defense moved for judgment on the pleadings and, alternatively, to strike the last count. Denying the motions, the court concluded in part that the plaintiff alleged that Southwest undertook a post-sale duty to warn by recalling a number of Troy-Bilt leaf blowers that posed a substantial risk of harm. The plaintiff also alleged that Southwest breached a duty by failing to include his leaf blower in the recall, despite the fact that it contained a substantially similar internal mechanical design to the recalled blowers. The court granted the defendants’ motion to strike the plaintiff’s claim for punitive damages, however, finding that the plaintiff failed to plead any facts demonstrating that the defendant had engaged in intentional misconduct or gross negligence. AAJ member Andrew Parker Felix, Harris I. Yegelwel, and Timothy Michael, all of Orlando, Fla., represented the plaintiff.