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Delivery, assembly company denies liability in suit alleging child’s bed collapsed

By Heather Isringhausen Gvillo | Jun 13, 2017

A delivery and assembly company denies liability in a Belleville woman’s lawsuit alleging a bed she purchased from Ashley Furniture collapsed with her child in it.

Melissa Rockwell-Hopkins filed the suit Nov. 13, 2016, against Phillips Home Stores, doing business as Ashley Furniture Homestores-Shiloh.

She claims she purchased the bed in April 2015 and had it delivered and assembled on May 9, 2015.

However, she claims the defendant failed to use proper parts for the bed, including proper supports for the mattress.

As a result, when she put her child to bed on May 30, the bed allegedly collapsed, causing injuries and damages.

Hopkins filed a second amended complaint on Jan. 19, adding Rapid Response Inc. as a defendant.

She claims Rapid Response delivered the bed on May 9, 2015, and assembled it at her home.

However, she alleges the defendant failed to use the proper parts and failed to warn the plaintiff and her family that the bed was unsafe.

Rapid Response is a delivery and assembly company hired by Ashley Furniture.

Rapid Response answered the second amended complaint on Feb. 24 through attorney Marcus Raymond in Maryland Heights, Mo.

The defendant denies the allegations against it and argues that the plaintiff contributed to her alleged damages by negligently and carelessly maintaining the bed in question, using the bed in a manner for which it was not intended and failing to inspect the bed or lookout for her own safety.

“Defendant states that plaintiff assumed the risk of injury by using the bed which she alleges was not installed correctly after claiming it was not installed correctly and therefore knew or should have known it was allegedly not installed correctly,” the answer states.

Hopkins filed a reply to the affirmative defenses on March 7 through attorney Joe Rosenstengel of Bonifield & Rosenstengel PC in Belleville.

She denied each and every allegation.

On May 8, Paul Petruska of the Law Office of Craig A. Hansen in St. Louis filed a motion to withdraw as attorney for Ashley Furniture.

Attorney Jane Unsell of Unsell Schattnik & Phillips PC in Wood River entered her appearance as attorney for the defendant.

On May 10, St. Clair County Associate Judge Chris Kolker granted the attorney change.

Hopkins seeks at least $50,000, plus court costs and attorney’s fees.

St. Clair County Circuit Court case number 15-L-647

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