FRESNO – A Fresno County man alleges the battery he purchased for his e-cigarette was defective and exploded while in his pocket, causing severe burns.
Darwyn Erickson II filed a complaint on Aug. 17 in the Fresno County Superior Court against Diamond Vape Shop & Lounge and Does 1-100 alleging strict products and negligent products liability.
According to the complaint, in May 2016, the plaintiff purchased an 18650 MXJO lithium ion battery from Diamond Vape Shop & Lounge for an e-cigarette. The suit states on Dec. 21, 2016, the plaintiff was riding the bus home when the battery in his right front pocket exploded, causing second and third-degree burns. He alleges he needed surgery and skin grafts to treat the burns.
The plaintiff holds Diamond Vape Shop & Lounge responsible because the defendant allegedly manufactured, designed, marketed and/or sold the defective product.
The plaintiff requests a trial by jury and seeks judgment for general and special damages, prejudgment interest, costs of suit and such other and further relief as the court deems proper. He is represented by Gregory L. Bentley and James F. Tierney III of Bentley & More LLP in Irvine.
Fresno County Superior Court case number 18CECG03078