NEW YORK (Legal Newsline) – The maker of an as-seen-on-TV frying pan is questioning why the woman whose lawsuit alleges “messy” cooking experiences threw the product away and sued before taking the company up on the warranty it provides.
The Cookware Company on May 1 filed a motion to dismiss the proposed class action lawsuit of Elena Lamb, a Florida woman who sued the company earlier this year in New York federal court.
Cookware is the maker of the Blue Diamond Enhanced Ceramic Non-Stick Pan. Lamb says she bought it at Walmart for $20 and used it three times, during each it disappointed.
Cookware’s motion reminds the judge that there was a Limited Lifetime Warranty printed right on the product’s packaging that entitled an unsatisfied customer to free repair or replacement of the pan.
“Lamb does not allege that she provided Cookware with an opportunity to cure the alleged breach,” the motion says.
“Indeed, Cookware’s warranty is intended to facilitate such a resolution as it expressly conditions Cookware’s obligations on return of the pan.
“Rather than follow the simple warranty claims process with Cookware, Lamb disposed of the pan and filed a nationwide class action lawsuit.”
Lamb is represented by Glancy Prongay & Murray of New York and Morgan & Morgan Complex Litigation Group of Tampa, Fla.