The manufacturer of a recalled baby stroller is facing a lawsuit that claims the company failed to warn users of the dangers associated with use and as a result, a baby was allegedly injured.
Lacey Prats and Trey Prats, individually and in their capacity as guardians and administrators for their minor child, filed suit against Graco Children's Products Inc. on July 20 in federal court in New Orleans.
According to the lawsuit, the alleged incident occurred on Nov. 14, 2010 as the Prats' six month old baby was strapped and buckled into a Graco MetroLite stroller. The child became trapped between the tray and seat and was strangled.
Following the accident, the baby was diagnosed with Infantile spasms syndrome, generalized epilepsy and severe developmental delays.
One month prior to the incident, Graco had issued a recall notice regarding the stroller due to risk of entrapment and strangulation.
The defendant is accused of negligence and fault for providing a stroller that was unreasonably dangerous in its construction or composition, defect in design, due to inadequate warning and due to nonconformity to an express warranty.
The plaintiff is seeking damages for medical expenses, impairment of function, physical disability, loss of earning capacity, pain and suffering, mental and emotional anguish, loss of enjoyment of life, loss of consortium, services and society, court costs and interest.
Prats is represented by Kerry Miller of Frilot L.L.C. in New Orleans. A jury trial is requested.
U.S. District Judge Carl J. Barbier is assigned to the case.
Case No. 2:11-cv-01765