82-CV-15-5582

Filed in Tenth Judicial District Court 11/25/2015 10:18:47 AM

Washington County, MN

DISTRICT COURT

STATE OF MINNESOTA

TENTH JUDICIAL DISTRICT

COUNTY OF WASHINGTON

PRODUCTS LIABILITY

Alysa Zimmerle, Plaintiff, COMPLAINT

vs.

X-PoleUSA,LLC, Defendant.

PlaintiffAlysa Zimmerle, for her claims for relief, states and alleges that: GENERAL ALLEGATIONS

1.

At all times material, Alysa Zimmerle, then a college student, resided with her

pai-ents inForest Lake, Miimesota. Forest Lake is located in Washington County, Minnesota. 2.

On information and belief, Defendant X-Pole USA, LLC, a subsidiary of X-Pole

International, is a limited liability company with its principal place of business in Pacific Palisades, California. At all times material to this action X-Pole USA, LLC was doing business in the State of Minnesota, much of it over the internet.

3.

In late November 2010, Plaintiff purchased a dance pole from Defendant X-Pole

USA, using itsintemet site, www.xpoleus.com. Per Defendant X-Pole USA's web site instructions. Plaintiff requested that the pole be delivered to her home in Forest Lake, Minnesota, via Federal Express.

4.

On December 16,2010, at about 1:00 p.m. PlaintiffAlysa Zimmerle, at herhome in

Forest Lake, Minnesota, opened a package containing a dance pole, she had ordered fi-om

82-CV-15-5582

Filed in Tenth Judicial District Court 11/25/2015 10:18:47 AM

Washington County, MN

Defendant X-Pole USA. Unbeknownst to Plaintiff, the dance pole and its parts were loose and

unsecured inside the external packaging. The package had no instructions directing the purchaser

about how to unpack its contents. While opening the outside of the package, an unsecured heavy

portion of the dance pole assembly di'opped out of the packaging and onto Plaintiffs right foot, causing serious injuries.

5.

The subject dance pole upon information and belief is a "Sport Pole". Upon

information and belief this pole and its packaging were designed, manufactured, marketed, and

placed into the stream ofcommerce by Defendant X-Pole USA. The dance pole packaging was ina defective condition, unreasonably dangerous to foreseeable users, including Alysa Zimmerle. The

pole and its packaging were unchanged from the time the pole was placed in the stream of commerce vmtil the time of the occurrence.

6.

Upon information and belief at all times material to this action. Defendant X-Pole

USA was in the business of manufacturing, selling, packaging, and otherwise placing into the streamof commerce dance poles such as the sportdance pole.

7.

Upon and information and belief at all times material to this action. Defendant X-

Pole USA was regulaiiy engaged in business in Minnesota by designing, manufacturing, advertising, selling, and packaging dance poles intended to reach consumers located in Minnesota, including the subject sport dance pole involved inthe occurrence causing injuries to Plaintiff.

8.

Upon information and belief Defendant X-Pole USA designed, manufactured, sold,

packaged and, shipped the subject sport dance pole, representing to purchasing customers, including Plaintiff Alysa Zimmerle, that both the pole and its packaging were safe for their intended and foreseeable use.

82-CV-15-5582

Filed in Tenth Judicial District Court 11/25/2015 10:18:47 AM

Washington County, MN

9.

In fact, thepackage of the subject sport dance pole was unreasonably dangerous for

its intended and foreseeable use.

10.

The design of the subject sport dance pole's packaging was defective and

unreasonably dangerous because, among other things, the pole was unassembled, and several large,

heavy component parts were unsecured, either tothe pole orotherwise, but were instead loose when placed inside the external wrapping.

11.

At the time the packaged sport dance pole left Defendant X-Pole USA's control,

there were safer alternative packaging designs that would have prevented the occurrence and the

serious injuries sustained by Plaintiff Alysa Zimmerle. In fact. Defendant X-Pole USA utilized safer alternative packaging designs to ship other dance poles it manufactured prior to, and at the time thesubject sport dance pole was manufactured, packaged and shipped.

12.

The packaging ofthe subject sport dance pole was manufactured defectively in that

it failed to secure the heavy component parts, either to the pole itself or otherwise, causing those

parts to separate from the pole and fall upon opening the external packaging, which is normal and foreseeable use of the packaging. rOTTNT I: NEGLIGENCE

13.

Plaintiff re-alleges each paragraph of the general allegations, and also alleges the

following:

14.

Defendant X-Pole USA owed its customers a duty to use reasonable care in

designing, manufacturing, selling, packaging, and warning ofthe dangers inherent in and associated with the pole,its packaging, and its assembly.

82-CV-15-5582

Filed in Tenth Judicial District Court 11/25/2015 10:18:47 AM

Wastiington County, MN

15.

Defendant X-Pole USA negligently designed, negligently manufactured, negligently

inspected, and negligently failed to wam its customers, including Plaintiff, of the defects in the packaging ofthe subjectsport dancepole, and ofthe inherent dangers associated with those defects. 16.

Defendant X-Pole USA's negligence was a direct and proximate cause of Plaintiffs

injuries. COUNT II; STRICT LIABILITY

17.

Plaintiff re-alleges each paragraph of the General Allegations, Count I, and also

alleges the following:

18.

The defects in the packaging existed at the time the subject sport dance pole left

Defendant X-Pole USA's control.

19.

Defendant X-Pole USA is strictly liable for Plaintiffs injuries and the damages that

flow from those injuries. DAMAGES

20.

As a direct and proximate result of conduct of Defendant X-Pole USA as set forth in

the preceding paragraphs. Plaintiff Alyssa Zimmerle sustained a painful and permanent injury to her right foot. Plaintiff has in the past and will in the ftiture incur medical expenses for the treatment of

that injury. That injury has in the past and will in the fixture cause Plaintiff to suffer a loss of earnings and diminished earning capacity. That injury has in the past and will in the future cause Plaintiff pain, disability, disfigurement, emotional distress and loss of enjoyment of life.

WHEREFORE, Plaintiff Alysa Zimmerle prays for judgment against Defendant X-Pole

USA in an amount in excess of Fifty Thousand and no/100 ($50,000.00) Dollars, together with interest, costs, and disbursements incuixed in the prosecution of this action, and for such other and fixture relief that the Court deems just and equitable, including pre and post-verdict interest.

82-CV-15-5582

Filed in Tenth Judicial District Court 11/25/2015 10:18:47 AM

Washington County, MN

BRABBIT & SALITA, P.A.

Dated

: lO' li a, #240643 r Plaintiff

901 MSrqo^tte, Avenue, Suite 2780 Minneapolis, MN 55402 (612) 371-9800

ACKNOWLEDGEMENT

The undersigned hereby acknowledges that costs, disbursements, and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. §549.21, Subd, 2, to the party against whom the allegations in thispleading are asserted.

.

Dated:

yf ^f240643

te Avenue, Suite 2780 55402