Jason and Amy Thomas routinely used the shredder for the purpose of keeping their “junk mail” under control and securing their personal information. The shredder arrived shortly after the date of purchase and was placed on a countertop in the Thomas' kitchen, where it remained until the date of the incident on May 25, 2008. In choosing the paper shredder, Amy Thomas avers that her main considerations were that the shredder be compact and easy to use. Plaintiffs allege that the MailMate Paper Shredder was purchased online from on or about Novemby Amy Thomas (“Amy”), Madalyn's mother, while at her home in Dallas, Pennsylvania. Defendant Executive Machines d/b/a Jeam Imports manufactured, assembled, and distributed the MailMate Paper Shredder in question. Plaintiff Jason Thomas (“Jason”) is Madalyn's father. Plaintiffs allege that Plaintiff Madalyn Thomas (“Madalyn”), then 19 months old, while at her home, sustained personal injury on when her fingers became entrapped in the opening of a MailMate Paper Shredder. d/b/a Jeam Imports (collectively, “Defendants”). Plaintiffs Madalyn Thomas, by and through her parent and natural guardian, Jason Thomas, and Jason Thomas, in his own right (hereinafter “Plaintiffs”), bring the instant personal injury action against Defendants Staples, Inc.
Upon consideration of the parties' motions with briefs and exhibits, and for the reasons set forth below, Defendants' Motion will be granted in part and denied in part. 48) and Plaintiffs Madalyn Thomas and Jason Thomas' Response in Opposition (Doc. d/b/a Jeam Imports' Motion for Summary Judgment (Doc. Presently before the Court is Defendants Staples, Inc. Lisa Bellino Apelian, Campbell Lipski & Dochney, Philadelphia, PA, for Defendants/Third-Party Plaintiffs. Hanahan, Rosenbaum & Associates PC, Philadelphia, PA, for Plaintiffs/Third-Party Defendants.