November 26, 2018

DSB was successful in moving to dismiss claims against its client which was an out-of-state wholesaler of “vapor” products. Plaintiff was allegedly injured when his “vape device” suddenly exploded in his pocket; he commenced suit against the retailer where he allegedly purchased the device. The retailer then brought third-party claims against the wholesaler of a component part, claiming that it was provided a defective battery for the device. The Court, in dismissing all claims, found that plaintiff could not definitively establish where he bought the device or the battery allegedly involved, thus precluding any products liability and/or breach of warranty claims.