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Lawsuit: Cell phone burst into flames as man made call

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Friday, November 22, 2024

Lawsuit: Cell phone burst into flames as man made call

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ORLANDO, Fla. (Legal Newsline) - A Motorola phone exploded in a man's hand and burned his arm, a new lawsuit says.

Gregory Marcialis sued Motorola on May 5 in Florida's Orange County Circuit Court over an incident he says occurred at his home on Aug. 10, 2019.

"As Plaintiff was making a phone call using the Motorola cell phone, the phone suddenly burst into flame, burning Plaintiff's left ear, left hand and left arm, resulting in serious and permanent injury to Plaintiff, the suit says.

The suit charges Motorola with manufacturing defect, design defect, failure to warn and negligence.

"Defendant Motorola Mobility LLC knew, or in the exercise of due car, should have known that the subject Motorola cell phone would be used without inspection in an unreasonably dangerous condition and would create a foreseeable and unreasonable risk of harm to users, including Plaintiff," the suit says.

Jonathan Rotstein of Daytona Beach is representing Marcialis.

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