Apple has right to inspect iPhone man claims burned his arm, court says
TORONTO — A man who claims his overheated iPhone 5 burned his arm badly has lost his legal bid to keep the phone out of Apple’s hands if he wants to pursue his damages claim against the company.
In dismissing the novel challenge from Matthew Riddell, the Ontario Court of Appeal found no reason to interfere with a lower court who agreed Apple should be able to inspect the phone.
“In this products-liability case, the appellant seeks damages for what he alleges were personal injuries caused by the negligent manufacture of an iPhone,” the Appeal Court said.
“Yet he refused, absent a court order, to permit an independent third-party expert to inspect the iPhone prior to trial at no cost to him to assist the trial judge in determining the central matter in dispute between the parties.”