EAST ST. LOUIS – Global Vasion, a California importer of electric socks from China, dissolved after an Illinois widow claimed a sock caused her husband’s death.
Global Vasion remains a defendant at U.S. district court, but its lawyers at Lewis Rice in St. Louis moved to withdraw on March 3.
Lead counsel Joseph Berra explained it to District Judge David Dugan, under seal.
His motion stated that Global Vasion directed Lewis Rice to stop defending it.
It stated that Global Vasion failed to fulfill an obligation and was reasonably warned that Lewis Rice would withdraw, advising the importer to retain counsel within 21 days of a withdrawal order.
Lewis Rice will continue to represent second defendant Amazon.
According to the lawsuit, Floyd Scott died at age 49, states an obituary of Styninger Funeral Home in Nashville.
The obituary notice located his home in New Minden, his burial in Marissa, and his family all across a region from Murphysboro to Centralia.
Sandra Scott sued Global Vasion and Amazon in December.
Her counsel Mark Schuver wrote that Floyd suffered from diabetes that caused loss of sensation below the knees, poor circulation, and cold feet.
The suit claims Floyd’s daughter purchased socks from Global Vasion for him.
Floyd received them on Dec. 13, 2018, charged a pair of batteries, and wore the socks for about three hours. He then removed them and discovered a severe burn on his right foot.
Floyd allegedly received extensive and prolonged treatment including multiple hospital admissions and surgery.
The suit alleges that as a direct and proximate result of burns and injuries, Floyd died on May 20, 2019.
Both defendants retained Berra, who filed answers in January.
For Global Vasion, Berra wrote that Scott failed to identify with sufficient particularity the socks that allegedly injured Floyd, and Sandra Scott failed to preserve them.
Berra argued that the socks were reasonably safe for normal and foreseeable uses.
He challenged Illinois jurisdiction.
In his answer for Amazon Berra moved to dismiss Scott’s claims.
He wrote that Amazon couldn’t have violated Illinois uniform commercial code because it didn’t act as seller.
“Amazon does not warrant third party products sold on its website,” he wrote. “Sellers offer warranties of their own choosing.”
He wrote that users agree to conditions when they create Amazon accounts and every time they purchase products.
He also wrote that the agreement alerts users that third parties sell many of the items.
Attorneys Oliver Thomas and Taylor Essner of Lewis Rice entered appearances for both defendants in February, and they dropped Global Vasion when Berra did.
On the day they moved to withdraw from Global Vasion’s defense, Sandra Scott opposed the motion to dismiss the firm’s other client.
“Undoubtedly a sale occurred here in that Floyd Scott’s daughter paid a price on the Amazon website for the electric heated socks and received those electric heated socks in exchange for that price,” Schuver wrote.
“The electric heated socks were then delivered by Amazon from an Amazon distribution center in an Amazon package.”
He wrote that a disclaimer must be conspicuous and the one in Amazon’s conditions of use was anything but that.
“The average Amazon user will not necessarily notice the small hyperlink to Amazon’s conditions of use, let alone be expected to click on that link, scroll through and read the long laundry list of provisions leading up to the disclaimer, and understand all the terms,” he wrote.
“Amazon is in a tremendously better bargaining position than the average buyer when it comes to the purchase of goods on its website.”
Schuver practices at Mathis Marifian in Belleville, and his colleague Melissa Meirink also represents Sandra Scott.
California records show Xiaoyan Liu incorporated Global Vasion in 2014.
In 2017, he filed a statement identifying himself as chief executive, secretary, chief financial officer, and sole director.
He identified the business as import and export.
Last year he filed a statement that his information hadn’t changed.
This Jan. 20, he filed a certificate of dissolution.
“The known debts and liabilities have been actually paid or paid as far as its assets permitted,” Liu wrote.
On Amazon’s web page for questions about Global Vasion, as of March 4, the second post asked where its products come from.
Amazon answered, “China, but they are quality.”
As of March 4, Dugan hadn’t ruled on the withdrawal motion.
Despite Global Vasion’s dissolution, its website pushed its products.
It doesn’t mention China but the “About Us” page imparted foreign flavor.
“With its own R & D team as the basic, oriented by dedicated sales team, Global Vasion already developed into a professional heated products company integrate with developing, production, sales and also service all together,” it states.
“At present, Global Vasion mainly produce winter heated products, include heated cap, heated coat, heated gloves and heated socks, all of which have a variety of styles.
“We always believe Together everybody achieves more!, and we are looking forward your choice and join, we fought together, keep us warm along the winter.”