Top Takeaways:

• Georgia Court reinstates $10.9 million judgment against Samsung after its e-cigarette battery exploded in a man’s pocket, causing serious injury.
• The court faulted a trial judge for wrongly shifting proof burden, ruling Samsung had not met its legal standard to overturn the default judgment.
• Case remanded for proper reconsideration, with Samsung’s appeal on venue and damages now dismissed as premature.

A Georgia appeals court has reinstated a $10.9 million judgment against Samsung Electronics America Inc. in a case involving a man who suffered severe injuries when an e-cigarette battery allegedly exploded in his pocket.

The Georgia Court of Appeals ruled Monday that a lower court erred in setting aside a 2020 default judgment in favor of plaintiff Jordan Brewer, who filed suit after sustaining serious burns in 2019 from what he claimed was a defective lithium-ion battery manufactured by Samsung.

The case centers on a battery used inside a vape device that exploded in Brewer’s pants pocket while he was in Pooler, Georgia.

Brewer filed his lawsuit in July 2020 in Chatham County Superior Court. After Samsung failed to respond within the required timeframe, the court entered a default judgment against the company in September of that year.

In its December 2020 motion to set aside the ruling, Samsung argued that the judgment was premature and that damages had not been clearly established.

The court, however, denied that request, finding that Samsung’s failure to respond was “willful and deliberate” and either showed indifference to proper legal process or amounted to gross negligence.

In 2022, a newly assigned judge revisited the issue and granted Samsung’s motion to vacate the judgment, citing a lack of a hearing transcript and uncertainty around the damages awarded. Brewer appealed the decision, arguing that Samsung had not met its burden to justify overturning the default.

On Monday, the appeals court agreed with Brewer, finding that the trial court improperly shifted the burden of proof. The court vacated the order that had set aside the default judgment and remanded the case for reconsideration under the proper legal standard.

“The trial court improperly construed the incomplete record against Brewer rather than Samsung,” the appellate decision stated.

Brewer’s attorney, Michael Terry, welcomed the ruling, saying it affirmed that the company had failed to follow legal protocol after being served with the lawsuit.

Samsung has denied liability and previously sought to challenge the venue, but the appellate court upheld the jurisdiction of Chatham County, noting that the incident occurred within its bounds. The court also dismissed Samsung’s related appeal as premature, given that the default judgment has not yet been officially reopened.

Brewer alleges the explosion caused severe burns to his leg and groin, resulting in multiple surgeries and permanent injuries. The case has drawn attention to the safety of lithium-ion batteries used in vaping devices, which have been linked to similar incidents globally.

Samsung has not issued a public statement in response to the latest ruling. The case will now return to the lower court for further proceedings.