Just ask Gonzo: Cozy Toze burn suit in discovery

Steve Gonzalez Aug. 9, 2006, 8:00am

Question: Everyone likes to have warm feet. I use a blanket or slippers -- not some microwaveable slippers. So when you guys wrote a story about the women who sued because she burned her feet on the inserts it caught my attention.

If they were defective fine, but why sue QVC too? Sue the manufacturer of the item not the retailer. If consumers keep suing retailers for negligence, we all suffer the consequences of that with higher prices.

Can the retailer be responsible for someone who cannot read simple directions? I am an avid reader of your paper, is there anyway you can let me know how the case has progressed at this point?

Thelma Hunt

Gonzo: Not a lot has happened in that case since it was filed Nov. 22, 2005. Carol J. Deichmann and her husband Terry L. Deichmann filed suit against Waveware Ltd. of Longford, Ireland, Waveware USA of Pennsylvania and the TV network QVC of Wilmington, Del. seeking more than $375,000 in damages.

She claims her feet were burned by microwave-heated slipper insoles and is suing the company that makes Cozy Toze and the television network that sold them to her.

Her suit alleges injuries including ulcers, infection, cellulitis and a large subcutaneous pocket extending to her bone.

Deichmann claims the product was negligently designed and manufactured "in that the heating elements and/or components of the product generated an unsafe level of heat," according to the complaint.

"Plaintiff is permanently, partially disabled," the complaint states. "Plaintiff has suffered the inability to carry on her every day chores and pleasures, inability to pursue or indulge in her accustomed pleasures, recreations, and to continue her customary way of life as before said injury."

Terry Deichmann is suing for loss of consortium.

The case is currently in the discovery phase of the trial, with both sides taking depositions and answering interrogatories.

District Judge Michael Reagan set the case for trial for May 7, 2007.

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