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WILLIAMSPORT – An out-of-court settlement has been reached in a four-year federal lawsuit brought by a Center County man who attributed the loss of sight in one eye to a faulty Tinker Bell toy made by Walt Disney Co.
The settlement notice was filed in the United States Middle District Court on Monday, but no terms were disclosed.
Troy Knecht, his wife Shelly and their two daughters sued in December 2017 Disney, JAKKS Pacific Inc. of Sacramento, California, and Wal-Mart Stores Inc.
Disney and Wal-Mart were dismissed as defendants in the litigation, leaving only the issue of the design defect claim against JAKKS.
He distributed the Disney Fairies Light Up Sky High Tink toy that was purchased at a Wal-Mart outside of State College on February 16, 2016.
Toy components include a plastic flower base, a plastic dragonfly throwing cord, and a plastic Tinkerbell.
By pulling on the throwing rope, the fairy begins to spin and its wings expand until it releases into the air, rising up to 10 feet.
The toy contains a safety lock that prevents the fairy from being thrown when the base is at a dangerous angle.
Knecht was injured around 7:45 p.m. on March 9, 2016, in the living room of his Bellefonte home while playing with his then-four-year-old daughter Hannah, according to the lawsuit.
The fifth or sixth time Knecht attempted to throw the fairy, the right wing disconnected and hit him in the right eye, according to the court complaint.
An expert retained by Knecht estimated that a crack inside the wing surface formed during the manufacturing process gradually enlarged during use and ultimately caused the disconnection.
After the incident, Knecht was treated at Mount Nittany Medical Center and Geisinger Medical Center near Danville, where he underwent emergency surgery.
Her vision was not restored despite further surgery on March 26, 2016 at Wills Eye Hospital in Philadelphia and cataract surgery on August 30.
Knecht argued that JAKKS should have been aware of the potential dangers due to recalls of similar toys.
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Sources 2/ https://www.pennlive.com/news/2021/12/pa-man-who-blamed-loss-of-sight-in-one-eye-to-malfunctioning-tinker-bell-toy-settles-federal-lawsuit.html The mention sources can contact us to remove/changing this article |
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