David Brown vs Video Tech. Center et.al

On July 17, 2024, in this personal injury lawsuit, the Delaware jury returned a defense verdict after finding no negligence by Video Tech. Center, Inc. in the installation of a microwave oven in David Brown’s home.

Case Background

On October 20, 2021, David Brown filed a personal injury lawsuit against Video Tech. Center, Inc. alleging negligence before the Delaware Superior Court, New Castle. Judge Patricia A. Winston presided over this case. [Case number: N21C-10-158]

Cause

The Plaintiff, a Delaware resident, entered a warranty and repair contract with Defendant Video Tech. Center, Inc. d/b/a @ Your Service, a Maryland corporation operating in Delaware. The Plaintiff owned a microwave oven which needed repairing.

From March 18, 2020, to April 24, 2020, @ Your Service, through its workers, removed and improperly reinstalled the microwave oven in the cabinetry at David Brown’s home. These workers were employed by @ Your Service and acted within the scope of their employment during the removal and reinstallation.

On or around May 24, 2020, while attempting to avoid the falling microwave oven at his residence (“The Home”), the Plaintiff suffered severe and lasting injuries when the appliance fell on him. The microwave oven’s fall and subsequent injuries were allegedly a direct result of @ Your Service’s negligence.

The Plaintiff filed a lawsuit alleging that @ Your Service was responsible for the injuries and resulting damages under the doctrine of res ipsa loquitur.

Injury

As a result of Defendant’s negligence, Plaintiff suffered ongoing severe, permanent, and incapacitating injuries affecting both body and mind. These injuries included damage to the lower back, pelvis, left knee, right hip, right buttock, right leg, and right femur, which involved a broken right ischial tuberosity and a fractured hamstring tendon along the right femur.

Additionally, due to the Defendant’s negligence, the Plaintiff has faced significant medical costs, lost income, and diminished earning potential.

Damages

Plaintiff sought a judgment against the Defendant for compensatory damages, and punitive damages, along with interest and the costs associated with the lawsuit.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): David Brown
    • Counsel for Plaintiff(s): Pro se
  • Defendant(s): Video Tech. Center, Inc. d/b/a @ Your Service
    • Counsel for Defendant(s): Jennifer A. Sutton

Claims

Plaintiff argued that Defendant’s alleged negligence could be pointed out through numerous deficiencies. They failed to adequately train the worker responsible for reinstalling the microwave, resulting in improper installation at the home. Additionally, the worker overlooked the oven’s instability and insufficient securing in the cabinetry. During reinstallation, they caused damage to the support structure and cabinetry, leading to a hazardous situation that persisted until the microwave fell. Despite being aware or should have been aware of damage to the support structure and screw holes, they proceeded with improper installation, increasing the risk of the microwave falling. Furthermore, they failed to identify and replace missing parts, screws, or bolts essential for secure installation.

Defendant neglected to warn Plaintiff about the compromised state of the support structure and cabinetry. They permitted the microwave, support structure, and cabinetry to remain in a dangerous and defective condition, without taking reasonable precautions to ensure user safety or implementing necessary protective measures. These actions allegedly violated local ordinances and building regulations, including those of Newark and New Castle County. They disregarded City of Newark ordinances and other state and city building codes, leaving the installation weak, damaged, or incomplete. Despite awareness of these unsafe conditions, Defendant allegedly willfully neglected to address them.

Defense

The Plaintiff’s alleged injuries were asserted to have either pre-existed or been caused by a superseding or intervening factor, thus not being causally linked to the incident outlined in the Complaint. Defendant additionally claimed that Plaintiff’s medical treatment was not reasonable, necessary, or causally connected to this incident.

Jury Verdict

On July 17, 2024, the Delaware jury returned a defense verdict. The jury found that Defendant had not been negligent in installing the microwave and the incident and injuries arising from it were not caused by Defendant’s negligence or carelessness. The Plaintiff was not entitled to recover any damages from Defendant.

Court Documents:

Available upon request