Walmart seeks to file cross claims against the drivers involved in a South Roxana crash that killed a child and against the booster seat manufacturer accused of negligently marketing a defective product.
Plaintiffs Leigh-Ann Williford, special administrator of the estate of Layla Williford Mason, and Lillith Williford, through her mother Leigh-Ann Williford, filed a second amended complaint on Oct. 21 against Frank Williford, Canada Inc., doing business as Harmony Juvenile Products, Walmart Stores, and Pavel Chernyavskiy.
According to the complaint, Harmony Juvenile Products manufactured a youth booster car seat that was sold at Walmart stores. Leigh-Ann Williford claims she purchased the booster seat at the Wood River Walmart store for her daughter Layla Williford Mason.
Mason and Lilith Williford were riding as back-seat passengers along Highway 100 in South Roxana on Feb. 23, 2020, in Frank Williford’s vehicle. Mason was properly secured in the Harmony Juvenile Products booster seat when Chernyavskiy allegedly collided with Frank Williford’s vehicle. During the collision, Mason suffered severe and fatal injuries. The suit states Lilith Williford witnessed her sister’s death in the crash.
The plaintiffs allege the booster seat had inadequate warnings and an improper design and durability with insufficient weight, strength, structure and thickness. The design allegedly allowed the lap and shoulder belts to change position and slip off the pelvis and shoulder during a collision.
The defendants are also accused of negligent marketing by allegedly misleading consumers in regards to the safety, stability and crashworthiness of the booster seat for children “better and more properly protected in a fully harnessed seat.”
The booster seat allegedly had improper and inadequate testing. Of the testing that was done, the plaintiffs allege the defendants hid the fact that the booster seat model failed safety tests and misrepresented safety test compliance.
The plaintiffs argue that the crash would have resulted in “survivable injuries” had the booster seat functioned as intended and marketed.
The plaintiffs seek a judgment in excess of $50,000 for each count of the 17-count complaint.
Frank Williford answered the amended complaint on Nov. 9 through attorney Seth Gausnell of Gausnell O’Keefe & Thomas LLC in St. Louis.
In his affirmative defenses, the defendant argues that the plaintiffs’ alleged injuries were caused by Chernyavskiy’s negligence by speeding, failing to avoid a collision, failing to yield the right of way, and failing to keep a proper lookout.
He also argues that Harmony Juvenile Products and Walmart contributed to the plaintiffs’ alleged injuries, “but for which such injuries or damages would not have occurred.”
On Nov. 10, Walmart filed motions for leave to file cross claims for contribution against Harmony Juvenile Products, Chernyavskiy and Frank Williford. The motions were filed through attorney Beth Boggs of Boggs Avellino Lach and Boggs LLC in St. Louis.
Walmart denies that it is liable to the plaintiffs and seeks contribution from the defendants it says are liable.
Madison County Circuit Court case number 21-L-402