A man who sued Apple, claiming his overheated iPhone 5 burned his arm badly, has to turn over the smartphone to the Cupertino, California-based company so they can examine it if he wants to pursue his damages claim against the company, reports the National Post.
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. Riddell launched a $25,000 lawsuit in small claims court against Apple Canada claiming his iPhone 5 overheated, causing severe burns to his right arm. Apple asked to inspect the phone but he refused.
In November 2015, a small-claims judge ordered him to turn over the iPhone 6 to the tech giant for examination ahead of a hearing. The judge found that the phone was at the foundation of the damages claim and it would be unfair to make Apple go to trial “without the benefit of an inspection.” The Ontario Court of Appeal has upheld the decision.
