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CONFIDENTIAL

Nov. 12, 2002

Personal Injury
Product Liability
Burns

Confidential

Settlement –  $3,900,000

Court

Confidential


Attorneys

Plaintiff

Barry I. Goldman

Douglas J. Hatchimonji
(Orange County Superior Court)


Defendant

A.J. Pyka

Glenn S. Goldby
(Ford, Walker, Haggerty & Behar)


Experts

Plaintiff

Lisa Aronson
(technical)

Michael J. Fox
(technical)

Stephen I. Rosen
(technical)

Bernard Markowitz
(medical)

Akira Ishiyama M.D.
(medical)

Facts

The plaintiff, John Doe, a 5-year-old child, was standing next to his grandmother, Jane Doe, in
the garage of the plaintiff's home. Jane Doe opened a cabinet when a two-liter bottle of 93
percent sulfuric acid drain-opener fell from the shelf, approximately 7 feet, to the floor of the
garage. The acid then spilled onto John Doe's head, neck, chest and arms, as well as Jane Doe's
nose, chest and arm.

Settlement Discussions

The plaintiffs submitted a demand of $5 million. The defendants offered $1 million. The case was settled, after opening statements and jury selection, at $3.9 million.

Specials in Evidence

$100,000 $100,000

Injuries

John Doe suffered third, fourth and fifth degree acid burns to the head, face, neck arms and chest. Jane Doe suffered second and third degree burns to the nose, chest and arms.

Other Information

<M>A mediation was held before Alexander S. Polsky of JAMS.</M>


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