Kaufman et al vs. Jetson Electric Bikes LLC et al

Case Background

On September 21, 2022, Plaintiff Jennifer Lee Kaufman filed a Product Liability lawsuit in the Pennsylvania State, District Court of Allentown County (Case number: 5:22cv3765). Judge Joseph F. Leeson Jr. presided over the case.

Cause

On December 10, 2018, Damien Kaufman bought a Jetson Rogue Hoverboard from Walmart in Quakertown, Pennsylvania. He intended the hoverboard as a Christmas gift for his daughter Brianna Baer. Jetson Electric Bikes, LLC, and Walmart, Inc. designed, manufactured, marketed, distributed, and sold the Jetson Rogue Hoverboard. On April 1, 2022, Abigail Kaufman started charging the hoverboard in her bedroom at the Kaufman family home. The home is located at 630 Linden Avenue, Hellertown, Pennsylvania. The hoverboard ignited while charging, causing a fire that rapidly spread through the entire house.

Jennifer Kaufman escaped from her first-floor bedroom. Damien Kaufman was in the garage and couldn’t enter the main house due to the fire. Their daughters, Abigail Kaufman and Brianna Baer, were trapped on the second floor inside Brianna’s bedroom. Jennifer and Damien stood helplessly on their front lawn, watching as their daughters awaited rescue. The Dewey Fire Department retrieved the girls from the home’s third floor and transported them to St. Luke’s Hospital. Brianna Baer was pronounced dead at 6:37 am, and Abigail Kaufman at 8:25 am. Both deaths were due to smoke inhalation and fire-related injuries.

Injuries

Abigail Kaufman and Brianna Baer suffered fatal injuries from the fire caused by the defective hoverboard. Their injuries included extensive burns, smoke inhalation, cardiac arrest, and other fire-related trauma. Jennifer and Damien Kaufman witnessed the tragic events and their daughters’ deaths, causing severe emotional and psychological trauma. Their trauma manifested in depression, anxiety, nightmares, stress-related physical ailments, and ongoing psychological distress requiring treatment.

Damages

The plaintiffs incurred substantial damages due to this tragic incident. These damages include:

  1. Wrongful death of two minor children, Abigail Kaufman and Brianna Baer
  2. Severe emotional distress and psychological trauma suffered by Jennifer and Damien Kaufman
  3. Loss of companionship, comfort, society, guidance, solace, and protection from their deceased children
  4. Medical expenses incurred for the emergency treatment of Abigail and Brianna
  5. Funeral and burial costs for both deceased children
  6. Complete destruction of their home at 630 Linden Avenue, Hellertown, Pennsylvania
  7. Loss of all personal belongings and property within the home
  8. Lost wages and loss of earning capacity due to trauma and aftermath of the incident
  9. Loss of future economic support that Abigail and Brianna would have provided
  10. Ongoing medical and psychiatric/psychological treatment costs for Jennifer and Damien Kaufman
  11. Pain and suffering endured by all family members
  12. Loss of life’s pleasures for the deceased children and their parents

The plaintiffs sought compensatory damages for all economic and non-economic losses, as well as punitive damages, exceeding $75,000

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Jennifer Lee Kaufman | Damien W. Kaufman, individually and as administrators of the estates of Abigail Kaufman, a minor, deceased, and Brianna Baer, a minor, deceased
    • Counsel for Plaintiff: Thomas R. Kline, Esq| Aaron L. Dunbar, Esq | John P. O’Neil, Esq | Charles L. Becker | Latisha M. Bernard
  • Defendant(s):Jetson Electric Bikes LLC | Target Corporation
    • Counsel for Defendants: Eugene M. LaFlamme| David A. Dubois | Roman G. Klaric | Dennis P. Ziemba | Jared B. Giroux

Claims

The complaint alleges multiple claims against Jetson Electric Bikes, LLC, and Target Corporation:

Strict Products Liability: The Jetson Rogue Hoverboard was defectively designed and unreasonably dangerous, prone to overheating, short circuits, and fire hazards.

Failure to Warn: The defendants failed to provide adequate warnings about the fire and other hazards associated with charging and using the hoverboard.

Negligence: The defendants were negligent in the design, manufacture, testing, marketing, and distribution of the hoverboard. They failed to conduct proper safety tests, use appropriate materials, and implement necessary safety features.

Negligent/Reckless Misrepresentation: The defendants misrepresented the safety of the Jetson Rogue Hoverboard in marketing and product information, despite knowing its dangers.

Breach of Express Warranty: The defendants made express warranties about the hoverboard’s safety and quality, breached when the product proved dangerous and defective.

Breach of Implied Warranty of Fitness for a Particular Purpose: The hoverboard was not fit for its intended purpose of safe use and charging, breaching the implied warranty.

Violation of Pennsylvania Unfair Trade Practices and Consumer Protection Law: Damien Kaufman claims violations of consumer protection laws due to misrepresentations about the product’s safety and quality.

Negligent Infliction of Emotional Distress: Jennifer and Damien Kaufman claim severe emotional distress from witnessing the fire and their daughters’ deaths.

Wrongful Death and Survival Actions: The complaint includes wrongful death claims for Abigail Kaufman and Brianna Baer, and survival actions for damages incurred between injury and death.

Defense

Jetson Electric Hoverboards, LLC, and Target Corporation denied most of the plaintiffs’ allegations. They claimed the Jetson Rogue hoverboard was not defective or unreasonably dangerous. The defendants asserted that the hoverboard met all applicable standards and regulations at the time of sale. They denied breaching any duty of care to the plaintiffs, arguing that their actions did not cause the alleged injuries and damages.

The defendants claimed the hoverboard was free of defects and hazardous conditions when it left their possession. They suggested that any issues may have resulted from misuse, alteration, or improper repairs after the product left their control. The defendants invoked the Pennsylvania Comparative Negligence Statute to potentially mitigate liability. They also argued that the hoverboard’s utility outweighed any alleged risks. The defendants reserved the right to rely on additional affirmative defenses that might become apparent during discovery. They requested the dismissal of the plaintiffs’ complaint with prejudice and sought any other relief the court deemed appropriate.

Settlement

On February 16, 2024, Judge Joseph F. Leeson Jr.,  approved a settlement agreement with these key details:

  • The gross settlement amount is $38,500,000.00.
  • The total payable to Kline & Specter, PC (likely the plaintiffs’ attorneys) is $15,571,709.49.
  • The net amount for distribution after deducting medical liens and attorney fees is $22,903,772.93.

This amount is divided between two estates:

  • Estate of Abigail Kaufman: $11,451,886.46
  • Estate of Brianna Baer: $11,451,886.46

For each estate, the distribution is further broken down:

  • Wrongful Death Claim (80%): $9,161,509.17
  • Survival Claim (20%): $2,290,377.29

The wrongful death claims are allocated equally between Jennifer Lee Kaufman and Damien Kaufman, each receiving $4,580,754.58 per estate. The survival claims ($2,290,377.29 per estate) are to be distributed to Jennifer Lee Kaufman and Damien Kaufman as administrators of the respective estates. This distribution is subject to certain conditions regarding court approval and additional security.

Court Documents:

Available Upon Request