Jason Theis, Lynne Theis v. Abercrombie & Fitch
Published: Nov. 14, 2009 | Result Date: Feb. 3, 2009 | Filing Date: Jan. 1, 1900 |Case number: YC051602 Verdict – Defense
Court
L.A. Superior Redondo Beach
Attorneys
Plaintiff
Defendant
Michael A. Dolan Jr.
(Dolan & Associates)
Michael A. Dolan Jr.
(Dolan & Associates)
Experts
Plaintiff
Craig Snyder
(medical)
Gabriele Goldaper
(technical)
Franklin C. Milgrim
(medical)
Mark W. Tamarin
(medical)
Kenneth A. Solomon
(technical)
Defendant
Irwin Goldstein
(medical)
Facts
Plaintiff Jason Theis, age 33, claimed that the pants he purchased from defendant Abercrombie & Fitch contained a sewing needle in the crotch of the pants that were left there during the manufacturing. When the plaintiff put on the pants, he claimed that the needle penetrated his perineum, traveled to the pubic bone and broke leaving at least one piece of needle in the perineal area. As a result, the plaintiff claimed to become instantly and permanently impotent. The plaintiff claimed to have remove one piece of the needle about one week post-incident and to have videotaped the removal. The videotape was lost before trial.
Settlement Discussions
No offers were made.
Specials in Evidence
$20,325 $647,025
Damages
The plaintiff requested a verdict of $5.25 million.
Injuries
Plaintiff claimed severe psychiatric injury and bodily injury in the form of permanent impotence, and that the incident has ruined his marriage. Plaintiff claimed no previous erectile dysfunction problems prior to the incident. Lynne Theis claimed loss of consortium. Abercrombie & Fitch contended that the incident and events claimed by plaintiff did not occur, that plaintiff did have previous marital problems, which he and his wife denied, and that the erectile dysfunction problem was the result of diffuse penile fibrosis unrelated to any puncture injury to the perineum.
Result
Defense verdict. The court awarded $32,142 in costs to defendant based on plaintiff's motion to strike/tax costs.
Other Information
EXPERT TESTIMONY: Mark Tamarin, M.D., opined that the needle damaged arteries and vessels causing blood flow disruption to plaintiff's penis. He further opined the x-rays showed a piece of the needle remains in plaintiff's scrotum. According to defense counsel: After a defense medical examination, plaintiff presented an x-ray purportedly showing a piece of metal in the scrotum. On a defense motion, the court ordered plaintiff to submit to a MRI, which the defense contended showed that the metal was at the surface of the scrotum and could easily be removed. Several months later on a defense motion, the court ordered plaintiff to undergo a painful duplex doppler ultrasound, which undermined the plaintiff's medical expert's opinion that there had been damage to arteries and vessels that disrupted the blood flow. Irwin Goldstein, M.D., testified that the cause of plaintiff's dysfunction was penile fibrosis, which had nothing to do with a needle penetrating the perineum. FILING DATE: Aug. 25, 2005.
Deliberation
four hours
Length
two weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390