TAMPA — A Florida couple is suing a blender manufacturer, alleging the defendant's negligence caused injuries to the wife, breach of warranty, failure to warn and strict liability.
Phyllis and German Cerrato filed a lawsuit Nov. 1 in U.S. District Court for the Middle District of Florida Tampa Division against NutriBullet LLC and Capital Brands LLC, alleging obtaining profit through distribution of a substandard product.
According to the complaint, on Dec. 20, 2014, Phyllis Cerrato was using a NutriBullet, blender distributed by Capital Brands when it exploded. The suit says the explosion caused hot liquids to severely burn Cerrato's face and upper body.
The lawsuit states the explosion further caused property damage to her kitchen and the interior ceiling of the Cerrato residence. Consequently, the complaint says, Cerrato and her husband will continue to suffer loss of consortium, loss of affection and conjugal fellowship to the detriment of their marital relationship.
The plaintiffs allege the defendants failed to warn the general public the blender could cause injuries, failed to provide consumers with a relatively safe product and introduced a defective substandard product into the stream of commerce.
The Cerratos seek trial by jury, judgment of more than $75,000, plus costs of court and prejudgment interest. They are represented by attorneys Michael V. Laurato of Austin & Laurato PA in Tampa, and by Jerry Jaramillo of Jerry Jaramillo & Associates PA in Tampa.
U.S. District Court for the Middle District of Florida Tampa Division Case number 16-cv-03077