Cabela's removes lost thumb lawsuit to federal court

Christina Stueve Jul. 19, 2012, 6:32am


Cabela's Retail has removed a man's personal injury lawsuit against the company to federal court in East St. Louis claiming it has jurisdiction because the case involves citizens of different states.

Plaintiff Cyril B. Korte of Madison County claims he lost his thumb after using a crossbow he was told was the best and safest crossbow he could purchase.

His suit, filed May 25 in Madison County Circuit Court, names Hunter's Manufacturing Company doing business as Tenpoint Crossbow Technologies and Cabela's Retail as defendants.

Cabela's principal place of business is in Nebraska, it claims. Hunter's Manufacturing Company is a Nevada corporation with its principal place of business in Ohio.

Korte claims he visited Cabela's in Hazelwood, Mo., in November 2009 to buy a crossbow. After being informed of "the best and safest crossbow," Korte settled on a Tenpoint Phantom CLS crossbow, according to the complaint.

On Nov. 12, 2011, Korte used his crossbow to hunt and claims the bow string from the crossbow amputated his thumb, and doctors were unable to replace his thumb.

Although the crossbow had a safety device called a GripSafety, the device was not adequate, Korte claimed and should have included a grip guard to protect his thumb from slipping.

In addition to an amputated thumb, Korte sustained physical impairment and pain. He also incurred medical costs, the complaint says.
He seeks a judgment of more than $75,000.

Jeffrey S. Hebrank, Jason D. Johnson and W. Jason Rankin of Hepler Broom in Edwardsville represent the plaintiff.

Kenn Brotman and Caroline Plater of K & L Gates in Chicago will be representing Cabela's.

Michael Bedesky of Reed, Armstrong, Mudge & Morrissey in Edwardsville represents TenPoint.

Madison County District Court case number: 12-L-739.

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Organizations in this Story

Reed, Armstrong, Mudge & Morrissey
115 N Buchanan St
Edwardsville, IL 62025-1771

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