TRENTON, N.J. (Legal Newsline) – Makers of child car seats have been forced to file a second motion to dismiss a lawsuit that complains the products have a lifespan.
Newell Brands and Graco Children’s Products filed their latest motion Feb. 16 in New Jersey federal court in Matthew Schmitt’s proposed class action. It is only a month after the first motion to dismiss, which became moot when Schmitt amended his complaint.
But the “minor” changes in the new complaint don’t fix his theory of the case, the defendants say.
“Plaintiff alleges that he purchased a Graco car seat that was ‘depreciated’ in value because he received it approximately 18 months after it was manufactured,” the motion says.
“This entire lawsuit, then, is based on a supposed loss of ‘useful life’ of this car seat that can still be used nearly a decade into the future—until 2029. Plaintiff thus seems to expect that all consumer products should be delivered the moment they come off the assembly line, but that is neither practical nor reasonable.”
Further, Schmitt and lawyer Andrew Dressel have acknowledged that the car seats work as advertised, Graco says.
“Plaintiff lacks standing and has failed to state a claim upon which relief can be granted for each of his causes of action,” the motion says.
Schmitt said in a Nov. 16 lawsuit that the car seat he bought for his daughter was already 15% toward the end of its life when he purchased it on Aug. 31. A sticker on it said it was manufactured in March 2019.
The manual instructs users to throw the seat away 10 years after the date of its manufacture.