Tuesday, December 06, 2011
Deputy Sheriff Eric Woods Case Against the International Cartridge Corporation
The following was filed in Rockford Federal Court on January 25, 2011:
)
Plaintiff, )
)
vs. ) No. __________________
)
INTERNATIONAL CARTRIDGE )
CORPORATION, a Pennsylvania )
corporation, )
)
Defendant. )
NOW COMES the Plaintiff, ERIC WOODS, by and through his attorneys, and with his complaint against the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, states as follows:
1. This court has jurisdiction of this matter based upon diversity of citizenship as contained in 28 United States Code, § 1332, in that the Plaintiff, ERIC WOODS, is a citizen of Illinois and that the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, with its principal place of business at 2273 Route 310, Reynoldsville, Pennsylvania, and thus is a citizen of Pennsylvania. The matter in controversy exceeds exclusive of interest and costs, the sum of $75,000.00.
2. On March 15, 2010, the Plaintiff, ERIC WOODS, was a resident and citizen of McHenry County, Illinois.
3. On March 15, 2010, and prior thereto, the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, was in the business of designing, manufacturing, advertising and selling frangible bullets.
4. On March 15, 2010, the Plaintiff, ERIC WOODS, was employed as a police officer by the McHenry County Sheriff’s Department in McHenry, Illinois.
5. On March 15, 2010 and prior thereto, the Plaintiff through his employment was conducting a training shoot using the aforementioned frangible bullets which were designed, manufactured and sold by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation.
6. At the time of the sale, the frangible bullets were in the same, or substantially the same, condition as they were when they left control of the Defendant.
7. That on March 15, 2010, a deputy of the McHenry County Sheriff ‘s police fired the frangible bullet designed, manufactured and sold by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, at the shooting facility in the vicinity of the Plaintiff.
8. On March 15, 2010, the Plaintiff was at the shooting facility when fragments of the frangible bullet rebounded and ricocheted into the Plaintiff.
9. On March 15, 2010, the frangible bullets designed, manufactured and sold by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, were defective and in an unreasonably dangerous condition in that:
a. the frangible bullets contained a manufacturing defect in that the materials used to construct the bullets did not disintegrate on impact;
b. contained a manufacturing defect in that the frangible bullets did not perform as intended, causing the fragments to rebound and ricochet into Plaintiff;
c. contained a design defect in that the frangible bullets failed to disintegrate on impact and in failing to do so, created a dangerous condition;
d. contained a design defect in that the frangible bullets were not designed in a manner to ensure that they disintegrate on impact, creating a hazard; and
e. failed to contain an adequate warning for intended users that the frangible bullets may not disintegrate on impact, thus creating a hazardous condition.
10. One or more of the foregoing defects that rendered the frangible bullets unreasonably dangerous to its intended users were the proximate cause of the personal injuries and damages sustained by the Plaintiff.
11. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, and as a direct and proximate result thereof the Plaintiff, ERIC WOODS, sustained severe and permanent bodily injuries, resulting in the Plaintiff incurring medical bills and expenses in endeavoring to treat and cure his injuries, has caused him great pain and suffering, and will cause him in the future great pain and suffering, and he has lost great gains that would have otherwise been made and acquired and will in the future lose gains he would have made and acquired and he has and continues to be impaired from going about his daily affairs, all to his damage.
WHEREFORE, the Plaintiff, ERIC WOODS, prays that judgment be entered in his favor and against the Defendant, INTERNATIONAL CARTRDGE CORPORATION, a Pennsylvania corporation, in an amount in excess of $75,000.00 plus costs of this suit.
1-8 The Plaintiff, ERIC WOODS repeats and realleges paragraphs 1-8 of Count I as paragraphs 1-8 as Count II as though fully set forth herein.
9 On March 15, 2010, the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, was negligent in the design and manufacturing of said frangible bullets in that:
a. the frangible bullets contained a manufacturing defect in that the materials used to construct the bullets did not disintegrate on impact;
b. contained a manufacturing defect in that the frangible bullets did not perform as intended, causing the fragments to rebound and ricochet into Plaintiff;
c. contained a design defect in that the frangible bullets failed to disintegrate on impact and in failing to do so, created a dangerous condition;
d. contained a design defect in that the frangible bullets were not designed in a manner to ensure that they disintegrate on impact, creating a hazard; and
e. failed to contain an adequate warning for intended users that the frangible bullets may not disintegrate on impact, thus creating a hazardous condition.
10. As a direct and proximate result of one or more of the negligent acts or omissions committed by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, the Plaintiff, ERIC WOODS, sustained injuries of a personal, pecuniary and permanent nature.
11. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, and as a direct and proximate result thereof the Plaintiff, ERIC WOODS, sustained severe and permanent bodily injuries, resulting in the Plaintiff incurring medical bills and expenses in endeavoring to treat and cure his injuries, has caused him great pain and suffering, and will cause him in the future great pain and suffering, and he has lost great gains that would have otherwise been made and acquired and will in the future lose gains he would have made and acquired and he has and continues to be impaired from going about his daily affairs, all to his damage.
WHEREFORE, the Plaintiff, ERIC WOODS, prays that judgment be entered in his favor and against the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, in an amount in excess of $75,000.00, plus costs of this suit.
ERIC WOODS, Plaintiff
By: CLARK, JUSTEN, ZUCCHI & FROST, LTD.
/s/ Kevin P. Justen
By: _______________________________________
KEVIN P. JUSTEN
Kevin P. Justen #6256164
Clark, Justen, Zucchi & Frost, Ltd.
7320 N. Alpine Road
Rockford, IL 61111
Telephone 815/962-6144
Fax No. 815/962-6153
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
ERIC WOODS, )FOR THE NORTHERN DISTRICT OF ILLINOIS
WESTERN DIVISION
)
Plaintiff, )
)
vs. ) No. __________________
)
INTERNATIONAL CARTRIDGE )
CORPORATION, a Pennsylvania )
corporation, )
)
Defendant. )
COMPLAINT
NOW COMES the Plaintiff, ERIC WOODS, by and through his attorneys, and with his complaint against the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, states as follows:
COUNT I-STRICT LIABILITY
1. This court has jurisdiction of this matter based upon diversity of citizenship as contained in 28 United States Code, § 1332, in that the Plaintiff, ERIC WOODS, is a citizen of Illinois and that the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, with its principal place of business at 2273 Route 310, Reynoldsville, Pennsylvania, and thus is a citizen of Pennsylvania. The matter in controversy exceeds exclusive of interest and costs, the sum of $75,000.00.
2. On March 15, 2010, the Plaintiff, ERIC WOODS, was a resident and citizen of McHenry County, Illinois.
3. On March 15, 2010, and prior thereto, the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, was in the business of designing, manufacturing, advertising and selling frangible bullets.
4. On March 15, 2010, the Plaintiff, ERIC WOODS, was employed as a police officer by the McHenry County Sheriff’s Department in McHenry, Illinois.
5. On March 15, 2010 and prior thereto, the Plaintiff through his employment was conducting a training shoot using the aforementioned frangible bullets which were designed, manufactured and sold by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation.
6. At the time of the sale, the frangible bullets were in the same, or substantially the same, condition as they were when they left control of the Defendant.
7. That on March 15, 2010, a deputy of the McHenry County Sheriff ‘s police fired the frangible bullet designed, manufactured and sold by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, at the shooting facility in the vicinity of the Plaintiff.
8. On March 15, 2010, the Plaintiff was at the shooting facility when fragments of the frangible bullet rebounded and ricocheted into the Plaintiff.
9. On March 15, 2010, the frangible bullets designed, manufactured and sold by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, were defective and in an unreasonably dangerous condition in that:
a. the frangible bullets contained a manufacturing defect in that the materials used to construct the bullets did not disintegrate on impact;
b. contained a manufacturing defect in that the frangible bullets did not perform as intended, causing the fragments to rebound and ricochet into Plaintiff;
c. contained a design defect in that the frangible bullets failed to disintegrate on impact and in failing to do so, created a dangerous condition;
d. contained a design defect in that the frangible bullets were not designed in a manner to ensure that they disintegrate on impact, creating a hazard; and
e. failed to contain an adequate warning for intended users that the frangible bullets may not disintegrate on impact, thus creating a hazardous condition.
10. One or more of the foregoing defects that rendered the frangible bullets unreasonably dangerous to its intended users were the proximate cause of the personal injuries and damages sustained by the Plaintiff.
11. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, and as a direct and proximate result thereof the Plaintiff, ERIC WOODS, sustained severe and permanent bodily injuries, resulting in the Plaintiff incurring medical bills and expenses in endeavoring to treat and cure his injuries, has caused him great pain and suffering, and will cause him in the future great pain and suffering, and he has lost great gains that would have otherwise been made and acquired and will in the future lose gains he would have made and acquired and he has and continues to be impaired from going about his daily affairs, all to his damage.
WHEREFORE, the Plaintiff, ERIC WOODS, prays that judgment be entered in his favor and against the Defendant, INTERNATIONAL CARTRDGE CORPORATION, a Pennsylvania corporation, in an amount in excess of $75,000.00 plus costs of this suit.
COUNT II- NEGLIGENCE
1-8 The Plaintiff, ERIC WOODS repeats and realleges paragraphs 1-8 of Count I as paragraphs 1-8 as Count II as though fully set forth herein.
9 On March 15, 2010, the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, was negligent in the design and manufacturing of said frangible bullets in that:
a. the frangible bullets contained a manufacturing defect in that the materials used to construct the bullets did not disintegrate on impact;
b. contained a manufacturing defect in that the frangible bullets did not perform as intended, causing the fragments to rebound and ricochet into Plaintiff;
c. contained a design defect in that the frangible bullets failed to disintegrate on impact and in failing to do so, created a dangerous condition;
d. contained a design defect in that the frangible bullets were not designed in a manner to ensure that they disintegrate on impact, creating a hazard; and
e. failed to contain an adequate warning for intended users that the frangible bullets may not disintegrate on impact, thus creating a hazardous condition.
10. As a direct and proximate result of one or more of the negligent acts or omissions committed by the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, the Plaintiff, ERIC WOODS, sustained injuries of a personal, pecuniary and permanent nature.
11. As a direct and proximate result of one or more of the aforesaid negligent acts and/or omissions of the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, and as a direct and proximate result thereof the Plaintiff, ERIC WOODS, sustained severe and permanent bodily injuries, resulting in the Plaintiff incurring medical bills and expenses in endeavoring to treat and cure his injuries, has caused him great pain and suffering, and will cause him in the future great pain and suffering, and he has lost great gains that would have otherwise been made and acquired and will in the future lose gains he would have made and acquired and he has and continues to be impaired from going about his daily affairs, all to his damage.
WHEREFORE, the Plaintiff, ERIC WOODS, prays that judgment be entered in his favor and against the Defendant, INTERNATIONAL CARTRIDGE CORPORATION, a Pennsylvania corporation, in an amount in excess of $75,000.00, plus costs of this suit.
ERIC WOODS, Plaintiff
By: CLARK, JUSTEN, ZUCCHI & FROST, LTD.
/s/ Kevin P. Justen
By: _______________________________________
KEVIN P. JUSTEN
Kevin P. Justen #6256164
Clark, Justen, Zucchi & Frost, Ltd.
7320 N. Alpine Road
Rockford, IL 61111
Telephone 815/962-6144
Fax No. 815/962-6153
# posted by Cal Skinner : 1:24 PM
