Lucy Morgan (Morgan family with permission).
A New Jersey family was forever altered when their 6-year-old daughter was killed by a “dangerous” and “defective” badminton racket, according to a lawsuit filed this week in a Maine state court.
On June 1, 2024, the Morgan family “were enjoying their last vacation day at an idyllic lake house in Limerick, Maine,” the 10-page original petition obtained by Law&Crime reads.
While the older children played badminton in the front yard, Lucy Morgan and her little brother watched the volley, the lawsuit says.
But then disaster struck.
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“Suddenly, mid swing, the head and metal neck” of a racket being used by Lucy’s older brother “dislodged from the handle and flew forward through the air,” the lawsuit goes on.
“Traveling some distance, the sharp end of the racket neck struck Lucy’s temple, piercing her skull and entering her brain,” the complaint continues. “Lucy stood up, screaming.”
As the Morgan parents rushed out from behind the house toward the screams, Lucy “pulled the metal neck out of her head, then collapsed, unresponsive,” according to the lawsuit.
The child was airlifted to Maine Medical Center (MMC). First responders and hospital staff attempted to save her life — to no avail.
“Lucy died on June 5, 2024, at MMC from the brain injury caused by the shaft of the Franklin Sports badminton racket that separated from its handle during normal play among children volleying a badminton birdie,” the lawsuit goes on.
The lawsuit alleges that Franklin Sports, Inc., which is incorporated in Massachusetts, “designed, tested, manufactured, advertised, promoted, distributed, and/or sold” the badminton set in question.
“The badminton racket was in a defective condition and unreasonably dangerous,” the lawsuit reads, providing a laundry list of reasons.
From the lawsuit, at length:
a. The handle and the metal stem were not attached in such a way as to prevent the handle from separating from the stem;
b. The adhesive used to connect the handle to the stem was defective;
c. The adhesive was insufficient to secure the metal stem to the handle;
d. The racket lacked a secondary restraint to secure the metal stem to the handle when, inevitably, there was a failure of the adhesive used to connect the stem and handle;
e. Defendant failed to warn users about the breakdown of the adhesive and/or the risks of the metal stem separating from the racket during regular use…
Specifically, the lawsuit alleges counts of strict liability, negligence, negligent infliction of emotional distress, breach of express and implied warranties, and wrongful death. The lawsuit also contains a count under Maine’s survival statute.
Franklin Sports briefly addressed the case in a statement provided to Law&Crime.
“Franklin Sports extends its deepest sympathies to Lucy Morgan’s family and all those affected by this tragic accident. Because litigation is pending, we cannot comment on the specific allegations in the lawsuit. Franklin Sports takes concerns regarding its products very seriously, is committed to product quality and safety, and is carefully reviewing the circumstances surrounding this incident. Our thoughts are with the Morgan family,” the company said.
At the heart of the lawsuit is the idea that the racket was “defective” and therefore “unreasonably dangerous” due to “the handle and metal stem were not adequately secured, the adhesive connecting them was defective, and the racket lacked a secondary restraint that would prevent the metal portion of the racket from becoming a projectile if the connection failed,” the Morgan family’s attorneys summarized in a press release announcing the litigation.
The filing restates the general theory of the case.
“Lucy was sitting on the grass watching her siblings play badminton when she was struck in the head by the racket stem and head,” the lawsuit continues. “As a direct and proximate cause of the failure of the connection between the handle and the stem, the metal racket stem pierced Lucy’s skull and brain.”
The plaintiffs are seeking compensatory damages for pecuniary loss, emotional distress, loss of comfort, society and companionship, punitive damages, interest, costs, funeral expenses, and other damages permitted under Maine law.
“This case represents a parent’s worst nightmare,” Berman & Simmons attorney Travis Brennan said in a statement. “We are committed to obtaining justice for Lucy by holding Franklin Sports accountable. We want to ensure these rackets are manufactured in a way where this type of tragedy never occurs again.”
The post Family of 6-year-old girl killed in badminton accident files wrongful death lawsuit alleging racket was ‘defective and unreasonably dangerous’ first appeared on Law & Crime.
