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Injured Cranberry Girl's Parents Sue Target Over Toy Box

Lawsuit Claims Toddler Suffered Brain Injury After Storage Chest Lid Fell

POSTED: 1:02 pm EST March 8, 2010
UPDATED: 5:42 pm EST March 9, 2010

A Butler County couple is suing Target over a toy box that they bought on the store's Web site chain and which they say caused a brain injury in their toddler.

Laura and Eric Surman, of Cranberry, filed the lawsuit in Allegheny County against the retail giant on Monday.

Eric Surman holds his daughter, Camryn

The lawsuit claims the couple's 18-month-old daughter, Camryn, suffered a severe brain injury when the lid of a wicker trunk fell on the girl's neck, cutting off her oxygen supply.

"She is not able to speak, can't eat on her own, is fed through a feeding tube, can't really see, has no ability to move her arms or legs. It's a devastating brain injury, obviously," said one of the Surmans' lawyers, John Gismondi.

According to the lawsuit, the couple claims Target advertised the trunk as appropriate for toy storage and encouraged parents to use them in that fashion.

The suit claims the trunk does not meet Consumer Product Safety Commission recommendations or industry standards for toy boxes, which require a support or hinge that keeps toy box lids from accidentally collapsing. If boxes don't have such a support, the suit claims they should be stamped with a warning that the item is not suitable as a toy chest.

"Target didn't do either," said Gismondi. "They had no lid support on it. They never put any warning on it saying don't use it to store toys."

"There are boxes -- we don't know how many -- that are in people's homes tonight that don't have the appropriate safety mechanism to protect the child," said one of the Surmans' lawyers, Martin Lazzaro.

Link - Consumer Product Safety Commission Warns Consumers of Dangers With Toy Chest Lids

Target has stopped selling the trunk involved in the lawsuit.

Late Tuesday afternoon, Target spokeswoman Sarah Bakken gave this statement to Channel 4 Action News:

"Our sincere thoughts are with this young child and her family during this difficult time. Target has not yet been served with the complaint, so we are unable to comment further on the specific allegations. To ensure children’s safety, guests who have purchased this trunk should not use it to store toys or other children’s items."




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