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CONFIDENTIAL

Mar. 15, 2014

Torts
Product Liability
Premises Liability

Confidential

Settlement –  $19,700,000

Court

Confidential


Attorneys

Plaintiff

Kevin McConnell

Matthew C. Freeman
(Freeman & Freeman)

Rebecca J. Freeman
(Freeman & Freeman)


Defendant

Bruce G. Nye
(Scali Rasmussen)

Kevin K. Cholakian
(Cholakian & Associates)

Alison M. Crane
(Bledsoe, Diestel, Treppa & Crane LLP)


Facts

Two minor children suffered burn injuries when an unattached stove tipped over in an apartment. Plaintiffs filed suit against the stove manufacturer and property owners.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that the stove was defectively manufactured and that the landlords and apartment managers neglected to attach the anti-tip bracket, which caused the stove to tip over, spilling hot soup on the children.

DEFENDANT'S CONTENTIONS:
Defendants claimed that the children's mother was negligent and that the stove was properly manufactured with sufficient warnings.

Settlement Discussions

Plaintiff demanded full policy limits from the property owners and managers.

Injuries

One child suffered second and third degree burns over 70 percent of her body, and the second child suffered second and third degree burns over twenty percent of his body. Both children have had corrective surgery and need more surgery in the future.

Result

The case settled after two days of mediation for a total settlement of $19.7 million just prior to trial.

Other Information

FILING DATE: Aug. 9, 2011.


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