Facts

Plaintiff Sophie Ismail, 21-months-old, was injured when her clothing was ignited by the gas cooktop in her family's kitchen. Plaintiff's mother left her alone in her highchair without the safety harness engaged for at least two minutes while she went to another floor of the house to help a brother with a video game. Plaintiff alleged that she climbed out of the highchair and onto the countertop, made her way to the cooktop, turned on a burner, and ignited her clothing.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the General Electric (GE) gas cooktop was defectively designed because it did not include a lockout knob. When activated, a lockout knob prevents ignition of a burner, even when the burner knob is turned to the ignite position. GE first introduced lockout knobs as an optional feature for gas cooktops in 2005, the year after the subject cooktop was manufactured.

DEFENDANT'S CONTENTIONS:
GE contended that the cooktop was not defectively designed and that Plaintiff was injured while misusing the cooktop in a way that was not reasonably foreseeable. The Defense rested without presenting any evidence.

Settlement Discussions

The case was privately mediated with no resolution. Plaintiff demanded $2,000,000 at the court settlement conference. GE offered $220,000.

Specials in Evidence

$26,000

Damages

Plaintiff asked the jury for $26,000 in past medical expenses, at least $500,000 in past non-economic damages, and at least $1,000,000 in future non-economic damages. Prior to trial, Plaintiff also sought approximately $560,000 in additional past medical expenses and unspecified future medical expenses.

Injuries

Plaintiff suffered second- and third-degree burns to about 18 percent of her body, which resulted in 32 days of hospitalization and three surgeries. Plaintiff likely requires future surgery and has disfiguring scars on her chest, abdomen, arms, and hands.

Result

Defense verdict. The jury found that Plaintiff was not injured while using the cooktop in a reasonably foreseeable way. The jury's finding negated an element of Plaintiff's prima facie case.

Other Information

FILING DATE: Dec. 7, 2009.

Deliberation

25 minutes.

Poll

11-1 (for Defendant on whether Plaintiff was injured while using the gas cooktop in a reasonably foreseeable way)

Length

seven days