ST. LOUIS — A consumer is suing a furniture manufacturer, citing alleged breach of implied warranty.

Warren Benning filed a complaint Aug. 24 in the U.S. District Court for the Eastern District of Missouri against Cosco Home & Office Products, now known as Dorel Juvenile Group Inc., alleging the defendant failed its duty to exercise ordinary and reasonable care to design, manufacture, assemble, inspect, test, market, distribute, place into the stream of commerce and sell reasonably safe consumer products.

According to the complaint, the plaintiff alleges that on June 25, 2015, while a hand truck purchased from the defendant, its tire exploded and shrapnel from the wheel hub expelled into plaintiff. 

As a result, Benning claims he suffered permanent injuries, impairment of earning capacity, medical and rehabilitation expenses. 

The plaintiff holds the defendant responsible because it allegedly failed to warn owners and users of the defective and unreasonably dangerous nature of the Subject Hand Truck and failed to recall the Subject Hand Truck for the purpose of making alternative design features available for the protection of its users.

The plaintiff requests a trial by jury and seeks compensation for damages in excess of $75,000 with punitive damages, and other such relief deemed just and proper. He is represented by Brent A. Sumner and Andrew Martin of The Sumner Law Group LLC in Clayton.

U.S. District Court for the Eastern District of Missouri case number 4:17-cv-02306-SPM

More News