A man who was getting baked while bare of any clothes was seriously injured when his weed pen exploded, a lawsuit filed Friday claims.
Gustavo Mendes now seeks $230,000 from the manufacturer of the malfunctioning marijuana vaporizer and the Eugene pot shop where he bought it, according to allegations in the Lane County Circuit Court suit.
The incident happened Feb. 13, 2023 as the 28-year-old was standing in his bathroom “in a state of undress,” according to the lawsuit.
Mendes took a puff or two and realized the pen was superheating in his hands, the lawsuit says; in a flash, it exploded — spraying burning chemicals onto his eyes, torso and below his waist.
The subsequent fire on the bathroom counter and floor cost $20,000 to repair, while Mendes’ medical bills at a Springfield hospital and Gresham eye care center topped $3,500, the suit says.
After previously earning $68,000 a year as a welder, Mendes is now sensitive to light and must apply eye drops regularly, necessitating a change in careers, according to his attorney.
He had purchased the pen, branded under the name Quantum Alchemy, three days prior at Hwy 99 Cannabis Co. Both the retailer and manufacturer are named as defendants in court papers.
Quantum Alchemy’s website has expired and an email inquiry bounced back.
A person who answered the phone at the pot shop replied, “There is no lawsuit, bud,” and hung up.
A man listed as the authorized representative of the business did not immediately respond to a separate request for comment. The suit had not yet been formally served as of Monday, according to court records.
Mendes couldn’t be reached for comment, and his attorney, Brendan Burke, doesn’t comment on pending litigation, according to a receptionist. Burke did not respond to an email.
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