MINNEAPOLIS (Legal Newsline) – A power tool manufacturer is being sued over allegations that its batteries are defective.
Sean Podpeskar, on behalf of himself and those similarly situated, filed a class-action lawsuit on Oct. 22 in the U.S. Court for the District of Minnesota against Makita U.S.A., Inc., alleging violations of Minnesota Unlawful Trade Practices Act, Minnesota False Statements in Advertising Act, breach of express warranty, breach of implied warranty and fraudulent misrepresentation.
In the summer of 2013, Podpeskar allegedly purchased a Makita Cordless Drill Combo Set from Acme Tools. He paid approximately $250 for the set. The set included a small impact drill and full-sized variable speed drill. It also included the BL1815 18V rechargeable lithium ion battery. Podpeskar argues that after only a handful of uses over two years, the battery started to die. He alleges that Makita denied warranty, and that he had to either pay $120 for a new battery or $270 for a new set.
The suit alleges that Makita's batteries are plagued by design flaws that result in the premature failure of otherwise perfectly good batteries. Specifically, this case concerns Makita 18 volt lithium-ion batteries model numbers BL1815 and BL1830, which allegedly do not charge properly. Despite years of complaints, Makita has allegedly not taken action to recall the batteries or otherwise take responsibility for its defective product.
Podpeskar is seeking economic and compensatory damages on behalf of himself and all members of the class, restitution, actual damages sustained or treble damages, punitive damages, injunctive and declaratory relief, reasonable attorney fees, and reimbursement of all costs. He is being represented by Melissa W. Wolchansky, Clayton D. Halunen and Dustin W. Massis from Halunen Law in Minneapolis, Minnesota; Robert K. Shelquist from Lockridge Grindal Nauen PLLP, also in Minneapolis; Charles J. LaDuca from Cueno, Gilbert & LaDuca, LLP in Bethesda, Maryland; and William H. Anderson from the Cueno office in Washington, DC.
U.S. Court for the District of Minnesota Case number 0:15-cv-03914-JRT-LIB