Exercise DVD and product causes man to break two fingers, suit claims

Michelle Keahey Sep. 2, 2011, 4:56am

After breaking two fingers while attempting to use a new exercise DVD and product, a Jefferson Parish resident is suing the manufacturer claiming the product was unreasonably dangerous.

Davide Della Valentina and Tricia Valentina filed suit against Product Partners d/b/a Beachbody and B-Lines and Chubb Insurance Co. on July 12 in Jefferson Parish Court. The defendant removed the case to federal court in New Orleans on Aug. 26.

In July 29, 2010, Tricia Valentina purchased the "Slim In in 6 Dvd w/free Workout & 6 Wk Guarantee" for $59.99 and the Supactm 130 in "Activit Body Toning Multivitamin 30-day Trial" for $1.00, which included B-Lines exercise bands.

According to the lawsuit, her husband was using the B-Lines exercise bands on July 29, 2010, when the band failed and the plastic retention device on the handle snapped back causing fractures and injury to two of his fingers. He had to undergo surgery to repair the damage to one finger.

The lawsuit states the product was unreasonably dangerous in construction, in composition and in design. The defendants are accused of failing to warn of product's dangerous characteristics.

Valentina is seeking a full refund of the purchase price and an award of damages for pain and suffering, disability, mental anguish, emotional distress, medical expenses, lost wages, income, interest, court costs and attorney's fees.

The plaintiffs are represented by Franklin G. Shaw, Walter J. Leger, Jr. and Walter J. Leger, III of Leger & Shaw in New Orleans.

U.S. District Judge Ivan L. R. Lemelle is assigned to the case.

Case No. 2:11-cv-02135

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