In a dramatic turn of events, a Florida resident has taken legal action against a major auto parts retailer following a fiery incident involving her vehicle. Pashen Simmons filed a complaint on May 6, 2025, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, against Advance Stores Company, Incorporated. The case revolves around allegations of negligence and product liability after Simmons' car caught fire shortly after having a battery installed by the defendant's employees.
The incident occurred on April 5, 2025, when Simmons purchased a DieHard Platinum AGM Battery from an Advance Auto Parts store located at 4901 Gulfport Blvd. South in Gulfport, Florida. According to the complaint, an employee of Advance Stores Company installed the battery into Simmons' Hyundai Genesis. Shockingly, later that day, the vehicle caught fire from the rear where the battery had been installed. This unfortunate event resulted in significant property damage and personal injuries to Simmons.
Simmons' lawsuit accuses Advance Stores Company of negligence in installing the battery and claims that this negligence led to her suffering bodily injury and various forms of emotional distress including pain and suffering, disability, disfigurement, mental anguish, and loss of enjoyment of life. Additionally, she alleges that there was significant damage to her automobile and other properties due to this negligence.
The complaint further charges Advance Stores Company with strict product liability. It argues that the DieHard Platinum AGM Battery was either defectively designed or manufactured or created an unreasonably dangerous condition when it left the company's control. The suit maintains that these defects were present at the time of sale and directly caused Simmons' injuries without any substantial change in condition before reaching her.
Furthermore, Simmons claims breach of implied warranty by asserting that despite purchasing the battery with express warranties and implied warranties for merchantability and fitness for its intended use, it failed to perform safely as expected due to its defects.
Simmons is seeking judgment for damages exceeding $50,001 along with costs associated with medical treatment and property repair or replacement. She also demands pre-judgment interest on all liquidated damages elements and requests a jury trial on all triable issues.
Representing Pashen Simmons is attorney Daniella Rivera from Salter, Healy, Rivera & Heptner law firm based in St. Petersburg. The Case Number is: 25-002379-CI.