Brooke Curtis, by and through her Guardian ad Litem, Darleane Dean; Darleane Dean, individually v. Sears Holdings Management Corporation; Doe Manufacturer; Doe Maintenance/Service Company; and Does 1 to 100, inclusive
Published: Feb. 25, 2017 | Result Date: Jan. 17, 2017 | Filing Date: Jan. 1, 1900 |Case number: BC543303 Bench Decision – $95,000
Court
L.A. Superior Central
Attorneys
Plaintiff
David Azizi
(Law Offices of David Azizi)
Defendant
Jimmy Y. Park
(Bowman and Brooke LLP)
Facts
On March 28, 2012 Brooke Curtis, a minor, sustained injuries to her hand when it became stuck in an escalator located inside a Sears store in Los Angeles. Curtis and her mother Darleane Dean sued defendants.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants knew or should have known about the dangerous condition of the escalator but failed to warn or remedy the dangerous condition. Dean contended that she suffered emotional distress because she witnessed her daughter's injury. Plaintiffs asserted causes of action for negligence, premises liability, negligence against defendant inspection, service or maintenance companies, manufacturer's liability, strict products liability, and emotional distress.
DEFENDANT'S CONTENTIONS:
Sears, Roebuck and Co. denied plaintiffs' allegations and asserted various affirmative defenses.
Result
Curtis settled with Sears Roebuck and Co. for $92,000 and Dean settled with Sears for $3,000.
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