Texan contends iPod EXPLODED IN HER FACE
One moment music, then a life consumed by 'mental anguish'
Apple is being sued by a Nacogdoches, Texas, woman who claims that her iPod touch exploded in her face.
We'll let the cool and dispassionate language of her complaint, filed in the US District Court for the Eastern District of Texas and repeated word-for-word for your perusal, recount the frightening tale of the unfortunate Tina King and her satanic iPod touch:
- On February 22, 2011, Plaintiff was at her home utilizing her iTouch.
- On February 22, 2011, Plaintiff, Tina King, was laying in her bed with her ITOUCH listening to music.
- On said date and at said time, Plaintiff, Tina King immediately felt a burning sensation on her eye.
- On said date and at said time, Plaintiff, Tina King immediately got up and realized her ITOUCH had exploded and burnt her eye.
And thus a pleasant, private moment of lyrical languor was transformed into a harrowing encounter with a demon from the pits of Cupertino, one that "suddenly and without warning exploded, sending electrical shock causing injury to the eye."
Exactly how the exploding iPod touch transmitted an electric shock to the eye of its victim remains unspoken.
As a result of her injury, the lawsuit contends, King not only faced medical bills of an astronomical "amount in excess of $600.00," she also "continues to suffer both physical and mental conditions which will cause her to suffer pain, mental distress, emotional distress, and otherwise for the rest of her life."
The rest of her life – ¡pobrecita!
And that's not the half of it. The suit also alleges that "Plaintiff has, in addition to the losses and damages afore described, experienced pain, suffering, scarring, disability, mental anguish, loss of enjoyment of the usual activities of daily life."
That must have been one heck of a burning sensation.
Apple, the suit alleges, not only provided King with the explosive digital music player in question, but also hid from her its covert maliciousness. "At no point in time was Plaintiff, warned of any potential risk that the subject ITOUCH would fail or that there was a risk of serious bodily injury associated with the ITOUCH," the complaint contends.
That maleficence, coupled with King's mental anguish and loss of enjoyment of the usual activities of daily life, could be ameliorated by a judgment "in excess of" $75,000, plus punitive damages to be determined at trial, "but in excess of" $75,000.
And then, of course, there are lawyers fees, interest fees, litigation costs, and unspecified "special damages" judged to be, of course, "in excess of" $75,000.
That may sound like a pretty penny, but remember, the poor iPod touch victim suffered $600 worth of hurt that will haunt her for the rest of her life.
And $75,000 may not be as much as the $225,000 for which Apple was sued for an earlier exploding iPod touch – but, after all, that one went kablooey in a young man's pants.
Face or nether regions? In our judgment, the reparation differential is just. ®
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