WEST PALM BEACH — The U.S. District Court for the Southern District of Florida granted a default judgment to a man alleging injuries sustained from a bungee cord product.
A default judgment is granted when a defendant "fails to plead or otherwise defend a complaint filed against it," says the court ruling, filed on Nov. 13.
Roger Sowerbutts, president of a Florida-based yacht dealer, purchased a "Fat Strap" bungee cord at Wal-Mart in January 2016, the ruling says. The product is made by branded towing and trailering equipment manufacturer Horizon Global Corporation.
Sowerbutts alleges he sustained permanent, severe injuries to his face when the bungee came loose while he used it to secure a paddle board to the roof of his vehicle in June 2016.
Sowerbutts claims negligence by Horizon Global and says it should be liable for his injuries. He alleges that the company failed to adequately test the bungee for detects and failed to inspect it for dangerous conditions.
“The defect, an improper and dangerously ineffective hooking mechanism, caused the Product to be susceptible to de-latching and snapping back at the consumer and/or end user, and this defect existed at the time the Defendants parted with the Product,” the court document says. “Defendants therefore breached their duties owed to the Plaintiff. The Defendants knew or should have known about the defect in the Product.”
The bungee struck Sowerbutts in his left eye and he needed multiple eye operations, the court document says. His vision has been substantially impaired and has been told that his condition will not improve. He claims he has been suffering from ongoing pain, low-self esteem and confidence, and difficulty being in the sun, driving and walking—all which have impacted both his professional and personal life.
The court granted Sowerbutts’ motion for default judgment and ordered a hearing on damages for lost earnings capacity, medical treatment, pain and suffering, and the loss of capacity for the enjoyment of life.