William Finley, a minor, by and through his Guardian ad Litem, Sara Finley v. Rose Art Industries Inc., Toys "R" Us, Megabloks Inc., Mega Brands Inc.
Published: Feb. 28, 2009 | Result Date: May 6, 2008 | Filing Date: Jan. 1, 1900 |Case number: 06-CV-01661-DFL-CMK Settlement – $387,500
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Daniel Goldberg
(Frankfurt Kurnit Klein & Selz PC)
Facts
In 2004, three-year-old William Finley received a toy containing magnets. In August 2005, William began vomiting and an ambulance took him to the hospital. A surgeon found two magnets stuck together inside Finley's pelvis. Consequently, plaintiff sued toy manufacturer, Rose Art Industries, distributor Toys R Us, and Megablocks Inc., for products liability.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the toy was defective and had inadequate warnings.
DEFENDANTS' CONTENTIONS:
Megablocks asserted that it did not sell or distribute the product and that it should not be liable.
Injuries
The plaintiff suffered gastrointestinal complications, infection, peritonitis, scar tissue, and appendicitis.
Result
The parties reached a settlement agreement amounting to $387,500.
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