FEDERAL COURT DISMISSES PRODUCT LIABILITY AND CONSUMER PROTECTION CLAIMS AGAINST PAYLESS SHOESOURCE AND HBI BRANDED APPAREL (HANES BRANDS)

Posted December 19, 2013, 3:00 PM.

Plaintiff purchased Champion brand rocker-bottom shoes from Payless Shoesource at Great Lakes Crossing in Auburn Hills, Michigan.  Plaintiff claims that she fell and broke her ankle while wearing the rocker-bottom shoes and sued Payless and Hanes Brands, which licensed the Champion name for the shoe, in federal court under theories of negligence, product liability, breach of warranty, fraud and misrepresentation.  In granting summary judgment in favor of the defendants and dismissing all claims, the Court ruled that Plaintiff failed to present sufficient evidence that the shoe was defective or that it caused her alleged injuries.  The Court also dismissed the consumer protection claims, ruling that claims stemming from an allegedly defective product sound only in product liability, including those for fraud and misrepresentation.  Payless and Hanes Brands were represented locally by McGraw Morris P.C. attorneys G. Gus Morris and Christopher J. Raiti.