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Lawsuit claims folding chair was faulty

Bennett Loudon//January 9, 2017//

Lawsuit claims folding chair was faulty

Bennett Loudon//January 9, 2017//

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A Wayne County family is suing Dick’s Sporting Goods and the makers of a folding chair because they say the chair they bought at a Dick’s store collapsed while one of their children was sitting in it, causing the child to fall into a campfire and get injured.

Kathie and Kevin Muto, who live in the Wayne County town of Ontario, initially filed the complaint in state Supreme Court in Wayne County on Nov. 29.

The defendants filed a notice of removal to on Friday because the claim involves more than $75,000 and because Dick’s and Denovo Brands LLC, the maker of the chair, are both based outside New York state.

The Muto’s suit claims the chair was defectively designed and manufactured.

The Muto’s daughter, Siciliana, “sustained permanent and severe injuries” on Aug. 25 when the chair “failed to lock on the open position and the chair collapsed and fell into a campfire with” Siciliana in the chair.

The parents and their other children, Sean, Lucas and Dyllon, “were subjected to fright and emotional distress in witnessing the fall of Siciliana,” who suffered third-degree burns.

The complaint does not seek a specific amount of damages.

Paul A. Sanders, an attorney with Barclay Damon LLP representing the defendants, declined to comment.

The Mutos are represented by Palmyra attorney James F. Foley, who could not be immediately reached for comment.

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