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MADISON - ST. CLAIR RECORD

Saturday, November 2, 2024

Default judgment entered against importer whose electric socks allegedly caused death

Lawsuits
Duganhorizontal

Dugan

EAST ST. LOUIS – U.S. District Judge David Dugan held importer Global Vasion liable for the death of Floyd Scott of New Minden on Aug. 11, finding by default judgment that its electric socks caused his death. 

Dugan wrote that he’d set a hearing on damages upon the request of plaintiff Sandra Scott, Floyd’s widow. 

Global Vasion fired its St. Louis lawyers in March, and hasn’t replaced them or responded to the court at all. 

Mark Schuver of Mathis, Marifian, and Richter in Belleville filed the suit in December, against Global Vasion and Amazon. 

The suit claims Floyd suffered from diabetes that caused loss of sensation below the knees, poor circulation, and cold feet.   

It also claims Floyd wore the socks that his daughter bought for him for about three hours, and when he removed them and found a severe burn on his right foot. 

Floyd received extensive and prolonged treatment including surgery and many hospital admissions. 

Floyd’s death, in 2019, was allegedly a direct and proximate result of burns.    

In January, owner Xiaoyan Liu dissolved Global Vasion as a California corporation. 

He stated that known liabilities were paid as far as assets permitted. 

Dissolution didn’t excuse Global Vasion from the case, and it retained the Lewis Rice firm of St. Louis jointly with Amazon. 

Joseph Berra of Lewis Rice answered for Global Vasion that Scott didn’t identify the particular socks that allegedly injured Floyd. 

Berra claimed they were reasonably safe for normal and foreseeable uses. 

He denied that Amazon acted as seller and claimed Amazon doesn’t warrant third party products sold on its website. 

In March, Berra moved to withdraw as Global Vasion counsel and filed under seal a notice he sent to Global Vasion. 

“Global Vasion has directed Lewis Rice to stop defending its interests,” Berra wrote. 

Dugan granted withdrawal and gave Global Vasion 21 days to retain counsel. 

It didn’t happen, and the clerk entered default on April 27. 

On June 22, the clerk notified Scott that failure to request default judgment would result in dismissal of Global Vasion for want of prosecution. 

Scott moved for judgment on July 8, and received it. 

Dugan wrote that he’d determine appropriate relief by setting a hearing where Scott may present evidence or testimony related to injuries. 

On Aug. 13, he signed a scheduling order that postponed Amazon’s trial from next July to January 2023. 

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