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Magician/Hand Model Sues Kmart & Martha Stewart for Fingertip Injury

A lawsuit has recently been filed against Kmart Corp. and Martha Stewart Living that claims an injury was caused by a defective lounge chair. The man who initiated the lawsuit is a hand model, magician and actor and says that his livelihood has been impacted by this injury.

Patrick Albanese from Des Moines suburb of Clive, is suing Kmart and Martha Stewart Living for his injuries sustained from moving the Martha Stewart Everyday lounge chair on a deck in June. As Albanese attempted to move the lounge chair, the front tubular legs collapsed, crushing his right index finger between one of the chair legs and a tubular bar on the base of the chair. According to the details in the lawsuit, the fingertip fell beneath the deck and was later retrieved by a relative. A surgeon was able to re-attach it.

Albanese is seeking compensation for past and future medical expenses, physical and mental pain and suffering, permanent partial disfigurement and loss of earning capacity. His attorney, Guy Cook, said that even though the injury has not ended Albanese’s work as a hand model, it has impacted his career during his recovery. Cook said that the biggest impact on Albanese had to do with his work as a magician.

According to Cook, Albanese previously served as the master of ceremonies for Hollywood’s Magic Castle for 15 years. “He’s a very accomplished musician and as part of his work, he does various slight-of hand tricks,” said Cook. The injury has caused Albanese to lose some function in his fingertip, but he still has sensation. Albanese incorporates the banjo as part of his act, but his ability to play the instrument has been affected by his injury.

The lawsuit was filed in Polk County District Court in Iowa and alleges that Kmart and Martha Stewart Living were negligent in failing to inspect the lounge chair and issue a warning that it is defective. Also, the lawsuit claims that the lounge chair was improperly designed and not sellable because it was defective.