In the Media Archives - Hayes Law, APC

Amazon Can’t Fully Escape Waist Trainer Skin Rash Suit

admin — Wed, 18 Jun 2025 07:08:06 +0000

Law360 (June 10, 2025, 1:13 PM EDT) — A California federal judge declined to fully dismiss a proposed class action against Amazon.com alleging it sold waist trainers that left users with skin injuries and rashes, saying they adequately claimed there is a defect in the products that the company failed to warn them about.

In an order filed Monday, U.S. District Judge Vince Chhabria allowed failure to warn, design defect, breach of implied warranty and Unfair Competition Law claims to proceed in the suit led by Isabella Valles, while dismissing her manufacturing defect, negligent product liability, breach of express warranty and fraudulent and negligent misrepresentation claims.

In her complaint, filed in January, Valles and others alleged that they purchased Yianna Waist Trainer for Women Hourglass Body Shapers through Amazon, only to end up with adverse skin reactions after wearing them, including rashes, burns and blisters. They allege that the product’s only warning — that it includes latex that could cause an allergic reaction — is inadequate, as their injuries are not allergic in nature.

In Monday’s order, Judge Chhabria wrote that while the plaintiffs haven’t identified what substance in the products is causing these injuries, that isn’t necessary to shore up the failure to warn claims at this time, as they have sufficiently claimed that the latex warning is not enough, particularly as the latex does not contact the users’ skin when the product is used as advertised.

The consumers have also sufficiently alleged that Amazon was on notice of the defect thanks to product complaints dating back to 2017, which showed pictures similar to those in the complaint of skin conditions that mirrored the structure of the product, according to the order.

The claims are also enough to support the design defect claims, Judge Chhabria wrote, as they have alleged that it is not an allergic reaction and that the risks of the product as designed can outweigh any benefits.

Likewise, the breach of implied warranty claims survive as the judge found that the customers sufficiently alleged that the products are unfit for their ordinary purpose of being worn, while the UCL claims survive as the complaint claims that Amazon’s actions were plausibly unlawful and unfair under that law, the judge wrote.

However, Valles and the other plaintiffs haven’t alleged how the product supposedly deviates from the intended design, sinking their manufacturing defect claims, nor could they establish that Amazon’s negligence was responsible, as the website did not design or manufacture the products, the judge wrote.

And while the plaintiffs identified promises that they say Amazon breached in the express warranty, that claim fails as they do not know what material is causing the problem, except possibly an adhesive, the judge wrote. The consumers don’t allege that they wouldn’t have bought the waist trainers if they had seen any adhesive on the list of materials, he added.

In the same vein, the judge found that the complaint doesn’t say the consumers relied on any misrepresentations, nor do they plead deliberate concealment or misrepresentations on Amazon’s part with enough particularity for the fraudulent and negligent misrepresentation claims to proceed.

Representatives for the parties could not immediately be reached for comment Tuesday.

The consumers are represented by Christopher R. Rodriguez, Andrew D. Bluth and John R.Ternieden of Singleton Schreiber LLP, and James F. Hayes and Jillian F. Hayes of Hayes Law APC.

Amazon is represented by Julie L. Hussey, Jacob L. Speckhard and Mallory Gitt Webster of Perkins Coie LLP.

The case is Valles et al. v. Amazon.com LLC et al., case number 3:24-cv-06233, in the U.S. District Court for the Northern District of California.

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Man posing as a massage therapist accused of sexually assaulting a woman during a massage

admin — Fri, 19 May 2023 06:58:44 +0000

A woman sued a North County spa for allowing a construction worker to work as an unlicensed massage therapist. The man now faces criminal charges.

SOLANA BEACH, Calif. — A spa client at the Solana Spa in North San Diego County says she was sexually assaulted by a man posing as a massage therapist. The man, according to a newly filed lawsuit, was working as a construction worker at the spa when he asked to start giving massages.

In the complaint, the woman, known as “Jane Doe,” says she went to the Solana Spa in May 2021 for a Swedish massage.

Workers at the spa told Jane Doe that her massage therapist was late. After waiting for twenty minutes or so, a man identified as Grant Fry according to the civil lawsuit, arrived and escorted the woman to a private room.

Once inside, Fry, says the lawsuit, asked Jane Doe to undress. On the table, Fry then, “took advantage of his position and sexually assaulted and battered [Jane Doe] by lifting the sheet to expose her nude body, repeatedly rubbing the back of his hand against her vulva, then began to rub the outside of her vulva with his fingers.”

The lawsuit says the woman immediately objected and Fry apologized.

Following the assault, Jane Doe says she went home and was sickened with fear. While at work the following day, Jane Doe says Fry showed up.

Fry appeared at her work with flowers and apologized for his inappropriate conduct during the massage.

Reads the lawsuit, “Jane Doe was frightened as she had not shared where she worked with Fry and just wanted him to leave.”

The woman then reported the assault to the San Diego County Sheriff’s Department.

Fry now faces two misdemeanor charges of sexual battery and battery for the May 17, 2021 incident.

Meanwhile, Jane Doe says the assault continues to haunt her.

“The sexual assault that I suffered at the hands of this sexual predator, employed at Solana Spa, has impacted me greatly,” reads a statement from Jane Doe to CBS 8. “My sense of well-being and personal safety has been shaken to the core. This event will forever have long-lasting effects on my ability to trust people. Not only was my physical body violated by this predator, but my psyche also continues to feel rattled and unsafe, which causes me extreme mental anguish and fear in all aspects of my life.”

Attorney Jillian Hayes represents Jane Doe in the civil case. Hayes says that Fry is not the only party that needs to answer for the harm inflicted on her client, the owners of the Solana Spa need to take responsibility for granting Fry, a non-licensed massage therapist, access to clients and their personal information.

Says Hayes, “As a business owner, Solana Spa owes their patrons a duty to use reasonable care to ensure their customers’ safety. The criminal investigation has revealed Mr. Fry was admittedly an unlicensed massage therapist at the time of this horrific assault. Not only did Solana Spa fail to ensure our client’s safety by allowing an unlicensed masseuse to work for them, but we believe the further investigation will reveal Solana Spa failed to take any reasonable precautions in vetting Mr. Fry for employment. By filing this civil lawsuit, we plan to hold Solana Spa accountable for the devastating aftermath our client has suffered from as a result of their negligence, and quite frankly reckless decision, in hiring Mr. Fry.”

According to Jane Doe’s lawsuit, at least one other female client has complained about inappropriate behavior by a massage therapist at Solana Spa.

CBS 8 reached out to Solana Spa for comment. A worker at the spa said the owner is out of the country.

CBS 8 also reached out to Mr. Fry’s criminal attorney for comment on the charges against him. The article will be updated with that response if and when it is received.

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Family of Bicyclist Killed in Carlsbad During Park Ranger High-Speed Chase Files Lawsuit

admin — Wed, 26 Apr 2023 06:46:09 +0000

Relatives are suing the motorcyclist that hit and killed Brad Calcott and the California Department of Parks and Recreation

The mourning family of a 68-year-old bicyclist killed during a high-speed chase in Carlsbad last year has filed a civil lawsuit against those they believe are responsible for their loved one’s death.

Relatives of Brad Catcott are suing the motorcyclist that hit and killed him, alleged to have drugs and alcohol in his system, and the California Department of Parks and Recreation. The civil lawsuit includes the park ranger who allegedly initiated the chase that reached speeds of 100 miles per hour.

Carlsbad Boulevard runs north and south along the San Diego County coastline. San Diegans and tourists might drive or ride their bikes from one point to another, taking in the ocean or visiting Carlsbad State Park and Beach. But for one family it’s not so scenic as it is tragic.

A certain stretch near Solomar Drive is where the path ended for Catcott.

“Brad Catcott was a beloved brother, uncle, and friend,” said his brother, Bret Catcott during an October 2022 arraignment for the now-convicted defendant Eric Burns. “He was an incredible athlete that loved life and lived it to the fullest. He enjoyed spending time with family and friends. He will be deeply missed and should still be here today.”

Bicyclist Dies After Being Hit by Motorcycle Involved in Pursuit in Carlsbad

Police said Catcott was riding in a designated bike lane, about to make a turn, when motorcyclist Eric Burns and his passenger hit him. The impact killed him instantly. Court documents describe what happened when Burns was trying to outrun a state park ranger chasing him after a failed traffic stop.

“The defendant not only popped a wheelie on his bike after the police attempted to stop him for speeding, but he also kept driving over 100 mph on Carlsbad Boulevard, ran red lights, and drove erratically,” said deputy district attorney Nicolette Estrada.

Burn was sentenced to four years in state prison with 180 days of credit for time served, according to the district attorney’s office spokesperson Tanya Sierra.

The Catcott family attorney Jillian F. Hayes, Esq. sent NBC 7 the following statement:

“The civil litigation has just commenced, and the family is still very much in mourning over the tragic and untimely loss of Brad Catcott. Brad was a beloved brother, uncle, and cherished friend to so many people. The void Brad left for these individuals can never be filled. In filing the civil lawsuit, we are trying to find additional answers for Brad’s family and friends. For example, what initiated this high-speed pursuit? Was this a necessary and proper high-speed pursuit by the State Parks Officer, and was there a policy or procedure in place to avoid situations like this from happening, and if so, was it followed correctly? The only way to find these answers is through the civil litigation process.”

Sierra confirmed to NBC 7 that Burns pleaded guilty on Feb. 14 of this year to one count of evading an officer causing death and admitted to the enhancement of causing great bodily injury. There will be a restitution hearing on April 27.

NBC reached out to the California Department of Parks and Rec for a statement regarding the lawsuit and was advised they do not comment on pending litigation. NBC 7 also reached out to the State of CA Attorney General’s office for a comment or any information about an investigation and has yet to hear back.

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Lawsuit blames park ranger for the death of a popular cyclist who was hit and killed during a high-speed pursuit

admin — Wed, 26 Apr 2023 06:39:03 +0000

Bradley Allen Catcott was killed on August 15, 2022 while cycling on Carlsbad Boulevard after motorcyclist who was fleeing from park ranger struck and killed him.

CARLSBAD, Calif. — The brother of a 68-year-old Solana Beach cyclist who was struck and killed by an intoxicated motorcyclist in the midst of a high-speed chase by a California Park Ranger in August of 2022 is suing the state and the motorcyclist over his brother’s death.

On August 15, 2022, Bradley Catcott was riding his bike in the northbound bike lane on Carlsbad Boulevard near Solomar Drive.

Unbeknownst to Catcott, less than a mile south, California Park Officer Timothy Gunther was in a high-speed chase with 29-year-old Eric Monte Burns who was riding a 2021 FXL Harley Davidson motorcycle. Officer Gunther had tried to pull Burns over for speeding but Burns refused to stop.

Instead, Burns fled at speeds reaching up to 100 miles per hour, according to the lawsuit filed by Catcott’s brother which was based on statements from Officer Gunther and witnesses at the scene of the collision.

As Catcott was preparing to make a left turn at Solomar Drive, Burns ran into him, sending Catcott flying to the opposite side of the intersection. Meanwhile, Burns, who later failed a blood alcohol test, and his female passenger were also ejected, sliding approximately 400 yards along northbound Carlsbad Boulevard.

Catcott, who according to his obituary worked for the San Diego Unified School District, died at the scene. Burns and his passenger were seriously injured.

Burns was later arrested and pleaded guilty to evading an officer causing death. The District Attorney’s Office agreed to drop a charge of vehicular manslaughter and driving under the influence. On March 16, a judge sentenced Burns to four years in prison.

The newly filed lawsuit from Bret Catcott names Burns as well as the parks officer for engaging Burns in a high-speed pursuit, putting drivers and pedestrians at risk.

“Officer Gunther was in uniform and was negligently operating the State Vehicle and was engaged in a wrongful and negligent pursuit of the motorcycle, which directly led to a collision with Bradley Catcott – causing his untimely and tragic death,” reads the February 27 lawsuit.

Catcott’s attorney, Jim Hayes, tells CBS 8 that while nothing can be done to change the outcome of that day, they want basic answers as to why this happened and what prompted the high-speed pursuit.

“The family is still very much in mourning over this tragic and untimely loss of Brad Catcott. He was a beloved brother, uncle, and cherished friend to so many people. The void that he left for these individuals can never be filled,” said Hayes.

“In filing the civil lawsuit, we are trying to find additional answers for Brad’s family and friends. For example, what initiated this high-speed pursuit? Was this a necessary and proper high-speed pursuit by the State Parks Officer, and was there a policy or procedure in place to avoid situations like this from happening, and if so, was it followed correctly? The only way to find these answers is through the civil litigation process.”

CBS 8 reached out to the State’s Parks Department. A department spokesperson said they could not comment on pending litigation.

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San Diego Psychiatrist, 75, Admits to Sex with 7 Female Patients

admin — Fri, 07 Jan 2022 06:33:31 +0000

A former San Diego psychiatrist pleaded guilty Monday a felony charge of having sexual contact with seven female patients during office visits and a misdemeanor count of sexual battery for groping an eighth woman.

Leon Fajerman, 75, who operated a longtime practice out of offices in El Cajon, San Diego and Chula Vista, will be ordered to serve 365 days in custody and be required to register as a sex offender at a sentencing hearing Jan. 18.

Judge Francis Devaney will consider alternatives to actual jail time, according to Deputy District Attorney Carolyn Matzger.

Fajerman — who has been a licensed physician in California since 1978 — voluntarily surrendered his medical license in May, state records show.

According to documents filed with the Medical Board of California, seven female patients and the mother of a child he was treating accused him of forcibly kissing and groping them between the fall of 2016 and the summer of 2017.

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California court rules Amazon can be liable for defective goods sold on its marketplace

admin — Mon, 29 Mar 2021 09:00:41 +0000

A California appeals court’s decision could soon make it harder for Amazon to skirt responsibility for unsafe products sold on its platform.

On Thursday, the California Fourth District Court of Appeals ruled that Amazon can be held liable for damages caused by a defective replacement laptop battery that caught fire and gave a woman third-degree burns. The woman, Angela Bolger, alleges she bought the laptop battery from a third-party seller, Lenoge Technology HK Ltd., on Amazon’s marketplace.

The ruling deals a major blow to Amazon, which has for years successfully fought off lawsuits that try to place liability on the company for faulty products sold through its site that cause injury and property damage.

“Consumers across the nation will feel the impact of this,” said Jeremy Robinson, an attorney for Bolger.

An Amazon spokesperson told CNBC in a statement issued on Friday: “The court’s decision was wrongly decided and is contrary to well-established law in California and around the country that service providers are not liable for third party products they do not make or sell. We will appeal this decision.”

Read full story:

https://www.cnbc.com/2020/08/13/amazon-can-be-held-liable-for-faulty-goods-court-rules.html

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Burning laptops and flooded homes: Courts hold Amazon liable for faulty products

admin — Mon, 29 Mar 2021 08:24:14 +0000

SEATTLE — Angela Bolger heard some clicks in her laptop, but when she lifted it to her ear and looked it over, nothing seemed amiss.

When she lowered it back to her lap, sparks flew from the $12.30 replacement battery she’d recently purchased on Amazon. It caused third-degree burns on her arms, legs and feet, as well as burning her bed, clothes and the floor of her San Diego apartment. In the nearly four years that have passed since the incident, Bolger has had surgery to graft skin to repair the damage.

Amazon fought her lawsuit seeking to hold it liable for the injuries. The only compensation the e-commerce giant provided: a refund.

“This changed my whole life. My apartment was on fire. I was on fire,” Bolger said. “I don’t hate Amazon. I just want them to take responsibility.”

Read full story:

https://www.washingtonpost.com/technology/2020/08/29/amazon-product-liability-losses/

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California Supreme Court denies Amazon’s petition for review in local product liability case argued by San Diego law firm

admin — Mon, 29 Mar 2021 08:23:00 +0000

Amazon – a landmark case in which the California Court of Appeal held Amazon strictly liable for a defective battery sold on its marketplace that caused catastrophic burn injuries to Angela Bolger. San Diego law firm CaseyGerry represented Bolger in the case.

The San Diego-based Court of Appeal, Fourth Appellate District, Division One ruled in August that Amazon, like other retailers, can be held strictly liable for defective products sold on its virtual marketplace. “Following the ruling, Amazon requested review by the California Supreme Court and also asked the high court to “depublish” the opinion, which would strip it of any precedential value,” said CaseyGerry attorney Jeremy Robinson, who argued the appeal. “Amazon argued that the Court of Appeal drastically expanded strict liability in California and took an ‘unprecedented leap’ when it found that Amazon was strictly liable for a defective replacement laptop battery that exploded several months after purchase.”

Read full story:

https://www.sandiegometro.com/2020/11/daily-business-report-nov-24-2020/

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Three vehicle crash sends nine to the hospital in National City

admin — Mon, 29 Mar 2021 08:21:20 +0000

NATIONAL CITY (KUSI) – A three-vehicle crash on a National City street left six people with major injuries today and three others less seriously hurt. The pileup on Paradise Valley Road occurred shortly before 1 p.m., when a white Scion veered off the westbound side of the road at high speed and struck an oncoming Hyundai Sonata east of Plaza Boulevard, according to police.

At least one of those vehicles then hit an eastbound Subaru Crosstrek, Lt. Robert Rounds said.

Emergency crews had to use heavy prying equipment to get two or more of the victims out of the wreckage, Rounds said.

Medics took all nine people involved in the accident — four each in the Scion and Hyundai, and the driver and sole occupant of the Subaru — to hospitals.

Read full story:

https://www.kusi.com/three-vehicle-crash-sends-nine-to-the-hospital-in-national-city/

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Sheboygan Falls man sentenced to 10 years in prison in upskirt videos case

admin — Mon, 29 Mar 2021 08:19:33 +0000

SHEBOYGAN – A Sheboygan Falls man was sentenced Wednesday to 10 years in prison and 10 years of extended supervision for taking videos of several women showering at his work and up the skirts of women in a Kohler retail store.

David Earley, 50, was charged in June 2019 with four counts of invading privacy by viewing, broadcasting or recording an individual’s genitals and one count of capturing an intimate representation, all felonies, after he was seen taking videos up the skirts of young women in a Kohler store. One of the victims in the store Earley took a video of was a young teenager.

But the number of charges grew to 51 after an investigation revealed Earley had also been video recording women showering at his work. He also took a video of one woman while she pumped breast milk.

Read full story:

https://www.sheboyganpress.com/story/news/2020/09/02/sheboygan-upskirt-showering-videos-case-results-10-years-prison/5690628002/

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