A married couple from Santa Clara, California, has filed a lawsuit against several corporations, including a major wholesale retailer and two international companies, alleging that a defective product caused severe injuries. The complaint was filed by Maria Corey and David Corey in the Superior Court of California, County of Santa Clara, on July 29, 2024. The defendants named in the case are Costco Wholesale Corporation, Slendertone Distribution Inc., and Bio-Medical Research Ltd.
According to the court documents, Maria Corey purchased an abdominal muscle toning belt from Costco's website on March 24, 2022. Upon using the product as instructed, she suffered burn injuries due to defects in the device. The plaintiffs allege that the toning belt was defectively manufactured and designed and lacked adequate warnings and instructions for safe use. "The TONING BELT product was defectively manufactured, designed, and was also rendered defective as a result of inadequate warnings," states the complaint.
The plaintiffs argue that all named defendants were negligent in their roles related to the toning belt—whether it be manufacturing, designing, distributing, or retailing. They claim that these companies failed to ensure the safety of their product before placing it on the market. "Defendants negligently and carelessly manufactured...the TONING BELT product," reads another part of the document. The Coreys also allege that prior to Maria's injuries on July 30, 2022, the defendants had notice of the defective nature of these products but failed to take corrective actions.
The lawsuit outlines multiple causes of action: strict product liability, negligence in product liability, breach of warranty regarding product liability, and loss of consortium. Each cause elaborates on how each defendant’s actions or lack thereof contributed to Maria Corey’s injuries and subsequent suffering for both her and her husband David Corey.
The plaintiffs seek various forms of relief from the court. They are asking for compensation for noneconomic damages such as pain and suffering; economic damages including medical expenses incurred and future medical costs; loss of earnings; interest according to law; costs associated with bringing this suit; and any other relief deemed proper by the court.
Representing Maria Corey and David Corey are attorneys Robert J. Waldsmith (State Bar #163774) and Jeffrey R. Smith (State Bar #245337) from Abramson Smith Waldsmith LLP. The case is being reviewed by Judge C. Roman under Case ID 24CV444183.