A Florida resident has taken legal action against two major corporations, alleging negligence and product liability. On September 17, 2024, Luis Orellana Rizzo filed a complaint in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Techtronic Industries Factory Outlets, Inc., doing business as Ryobi Tools USA, and Home Depot U.S.A., Inc., doing business as The Home Depot.
The case revolves around an incident that occurred on August 22, 2023. According to the complaint, Rizzo purchased a Ryobi 8” Electric Saw Pole (model RY3160A) from The Home Depot located at 750 North University Drive in Coral Springs, Broward County. Six days later, while using the saw for the first time, Rizzo claims he was injured when the upper threaded base separated from the intermediate pole. This malfunction caused the powerhead pole and saw to swing freely because it was not secured properly to the intermediate pole.
Rizzo's lawsuit is primarily a "pure bill of discovery," which aims to gather crucial information necessary for identifying potential defendants and theories of liability. Citing Florida law cases such as Payne v. Beverly and Lewis v. Weaver, Rizzo's complaint emphasizes that discovery is essential for determining whether negligence or product defects are involved. The plaintiff argues that without this information, he cannot proceed with any potential claims for negligence or product liability related to his injury.
Specifically, Rizzo seeks several types of information from both defendants: identification of engineers and employees involved in designing and developing the chainsaw; records of all entities involved in its sale and distribution; inventory control data indicating whether the product had been returned and resold; and details about local or regional distributors or sales managers who might have repackaged the saw for resale. He contends that this information is critical for establishing a factual basis for any future lawsuits.
In his plea to the court, Rizzo requests an order compelling Home Depot U.S.A., Inc., and Techtronic Industries Factory Outlets, Inc., to disclose various documents related to inventory control, sales associates involved in stocking and selling the saw, managers overseeing its receipt and resale after return, quality control measures for similar failures, and details about other complaints or reviews posted on Home Depot’s website.
Representing Luis Orellana Rizzo is Bradley Winston from Winston Law Firm based in Davie, Florida.
The case has been assigned Case Number 502024CA008858XXXAMB Div: AE.