On September 13, 2021, Cohen Milstein’s Adam J. Langino and Leslie M. Kroeger filed a wrongful death and product liability lawsuit on behalf of the parents and Estate of Clara J. Garcia (5 months old), who tragically died as a result of suffering catastrophic injuries when her car seat, an Evenflo LiteMax 35, failed in a car crash.

The lawsuit is filed against Evenflo Company Inc., the manufacture of the Evenflo LiteMax 35; Sam’s Club, which inspected, marketed, and sold the Evenflo LiteMax 35; and the Estate of Lawrence E. Singleton, the driver of the vehicle that caused the car accident, for their respective negligence that ultimately led to the death of Clara J. Garcia.

Case Background

On September 13, 2019, Hunter Noseworthy was driving the family’s 2012 Chevrolet Equinox. As he was approaching an intersection with passengers Kayla Noseworthy and Clara J. Garcia, who was properly buckled and secured in her Evenflo LiteMax 35 car seat, Lawrence Singleton, who was driving his 2006 Chevrolet Impala, failed to stop at the designated stop sign and struck the vehicle driven by Noseworthy. Subsequently, Noseworthy’s vehicle was struck by another vehicle.

 

In the crash, the Clara J. Garcia's Evenflo LiteMax 35 car seat’s buckle system failed, causing the subject to sustain catastrophic injuries, from which she subsequently passed away.

The complaint alleges five counts of fault by the defendants.

COUNT I – Negligence against Lawrence E. Singleton

COUNT II - Strict Liability against Sam’s Club

COUNT III – Negligence against Sam’s Club

COUNT IV – Strict Liability against Evenflo Company, Inc.

COUNT V – Negligence against Evenflo Company, Inc.

Specifically, the complaint alleges that Evenflo failed to design, manufacture, assemble, install, label, market, and sell the subject car seat in such a manner that it was adequately safe and/or prevented harm and injury to Clara J. Garcia; Sam’s Club failed to properly inspect, label, package, market, and sell the subject car seat; and Singleton negligently operated his motor vehicle in such a manner that it collided with the vehicle in which Clara J. Garcia was a passenger.

This case is Hunter Noseworthy, et al. v. Heidi Belmont, et al., Case No. 20-CA-008932, 13th Judicial Circuit Court, Hillsborough County, Florida