Facts

In April 2005, plaintiff Brooke Silcox's grandmother gave Brooke (then age 3) and her sisters an "Expressions Sonic Cellular Phone Hair Set." The toy phone is powered by two small watch or button batteries. The plastic phone contained various types of hair accessories. The phone also contained additional replacement batteries that were inside the phone with the hair accessories. After the parents and grandmother inspected the toy, Brooke took the toy and went off to play.

Brooke stuck one of the replacement batteries up her nose, where it remained for the next several days. On April 16, 2005, Brooke was crying and every few minutes would shudder and cry out. (It was later determined that the battery was leaking and shocking the inside of Brooke's nose.) A black, "waxy" material started coming out of Brooke's nose. Brooke's mother took her to urgent care, where an x-ray of her head was taken. Brooke was immediately sent to the Emergency Room at Children's Hospital in San Diego.

After a number of attempts, the doctor at Children's Hospital was able to remove the battery with the use of a catheter. The battery burned a hole in the septum of Brooke's nose. The hole would be repaired when Brooke stopped growing.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the defendant was negligent in its manufacture, design, assembly and distribution of a defective and unsafe toy. The defendant failed to comply with the Child Safety Protection Act. Punitive damages were alleged.

DEFENDANT'S CONTENTIONS:
The defendant contended that the packaging was adequate and plaintiff's parents were negligent in not monitoring the plaintiff with the toy.

Specials in Evidence

$2,250 In excess of $10,000

Result

The case settled for $75,000.

Other Information

MEDIATOR: David Van Til, Esq. FILING DATE: May 29, 2007.