This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Personal Injury
Dangerous Condition of Public Property
Products Liability, Negligence

Robert Milligan, Deena Milligan, Angela Milligan, through her Guardian ad Litem, Deena Milligan; Kaylin Milligan, through her Guardian ad Litem, Deena Milligan; Alexzandra Milligan, through her Guardian ad Litem, Deena Milligan; Elizabeth Mayfield, through her Guardian ad Litem, Deena Milligan; Jeremy Mayfield, through her Guardian ad Litem, Deena

Published: Dec. 31, 2010 | Result Date: Oct. 18, 2010 | Filing Date: Jan. 1, 1900 |

Case number: CV35459 Settlement –  $3,375,000

Court

Calaveras Superior


Attorneys

Plaintiff

B. Robert Allard
(Corsiglia, McMahon & Allard LLP)


Defendant

John A. Mason
(Gurnee, Mason & Forestiere LLP)


Experts

Plaintiff

Gordon Ulrey
(medical)

Jerome Barakos
(medical)

Dave Collins
(technical)

William A. Weiss M.D.
(medical)

Carol R. Hyland M.A.
(technical)

Patrick F. Mason Ph.D.
(technical)

Facts

On May 16, 2008, the arms on a Yo-Yo Chair Ride collapsed at the Calaveras County Fair and Jumping Frog Jubilee in Angels Camp. As a result, 23 people suffered injuries. The arms collapsed due to a broken washer that did not uphold certain bolts and caused cap screws to loosen.

The parents of five children who sustained extreme injury filed a lawsuit against the ride owners and the ride manufacturer. Plaintiffs included Robert and Deena Milligan, while defendants included Brass Ring Amusements, Chance Rides Manufacturing, and North American Amusements.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that a similar accident occurred with another ride manufactured by defendant Chance Rides Manufacturing, but no action was taken. Further, plaintiffs claimed that the ride was maintained in a negligent manner.

Injuries

The injuries included permanent brain damage, and orthopedic injuries.

Result

The parties reached a settlement amounting to $3.4 million.

Other Information

FILING DATE: Feb. 3, 2009.


#102277

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390