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Personal Injury
Strict Liability
Chemical Burns

Wade Dickinson v. Sardool Singh Samra dba Subway

Published: Sep. 9, 2003 | Result Date: May 13, 2003 | Filing Date: Jan. 1, 1900 |

Case number: 417115 Verdict –  $449,438

Judge

Quentin L. Kopp

Court

San Mateo Superior


Attorneys

Plaintiff

William L. Veen

Christopher A. Viadro


Defendant

William E. Jemmott
(Clasen, Raffalo & Rhoads)


Experts

Plaintiff

Margo Rich Ogus Ph.D.
(technical)

Anna Vertkin
(medical)

Charles E. Becker
(medical)

Kenneth C. Stuart
(technical)

Defendant

Thomas H. Milby
(technical)

Michael Bender
(medical)

Facts

Plaintiff Wade Dickinson purchased lunch at a Subway restaurant owned by defendant Sardool Singh Samra. The plaintiff was given a cup to fill with lemonade from a self-serve dispenser. Moments after drinking the lemonade, the plaintiff felt intense chest pain. He went to an emergency room, where he was diagnosed with severe burns to his esophagus and stomach.

Injuries

The plaintiff sustained gastroesophageal reflux disease, which would require a lifetime of medication. The plaintiff also has dietary restrictions and must sleep at an angle. The defendant contended that the plaintiff's condition had healed after six weeks.

Deliberation

three days

Poll

9-3 (liability and damages)

Length

three weeks


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