Senchyshyn v. BIC Sport North Am. Inc.

Plaintiff Allegedly Injured by Paddleboard Failed to Prove Fiberglass Caused Her Injuries

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Sarah Senchyshyn brings this products liability action seeking compensation for injuries allegedly caused by a paddleboard she bought from defendant BIC Sport North America. Dkt. No. 1 (“Complaint”). Presently before the Court is Defendant’s motion for summary judgment seeking dismissal of the Complaint in its entirety. Dkt. Nos. 53 (“Summary Judgment Motion”); 55-18 (“Statement of Material Facts” or “SMF”); 55-19 (“Memorandum”). Plaintiff opposes the motion. Dkt. Nos. 60 (“Response to SMF”); 60-1 (“Statement of Disputed Facts” or “SDF”); 61 (“Plaintiff Affidavit”); 61-1 (“Rao Affidavit”); 62 (“Opposition”). Defendant has filed a reply. Dkt. No. 65 (“Reply”). For the following reasons, the Court grants Defendant’s Summary Judgment Motion in part and denies the motion in part. II. BACKGROUND This action arises out of Plaintiff’s purchase and use of a paddleboard (“Board”) manufactured by BIC Sport SASU, a non-party. SMF 1.¹ Plaintiff, a New York resident, purchased the Board from Defendant in June 2016. SMF 7; Compl. 3. Defendant is a direct subsidiary of BIC Sport SASU and is the sole distributor of BIC Sport SASU’s products in the United States. SMF 2. Defendant is incorporated in and has its principal place of business in Massachusetts. Id. 3. The Board consisted of a polystyrene core layered with fiberglass and resin, a fiberglass wrap, and a plastic skin. Id. 13. It was finished manually by a technician who visually inspected the Board and smoothed the seam with power tools. Id. 17. Plaintiff used the Board for paddleboarding two to three times per day during the weeks after she purchased it. Id.

23-24. She would secure the Board to the roof of her car and remove it from the car by hand. Id. 25. About two weeks after beginning to use the Board, Plaintiff started feeling pain in both hands. Pl. Dep. at 138. At the time, she could not determine the cause of the pain and continued her paddleboarding routine. Pl. Aff.

Senchyshyn v. BIC Sport North Am. Inc.

Plaintiff Allegedly Injured by Paddleboard Failed to Prove Fiberglass Caused Her Injuries

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