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Personal Injury
Product Liability
Burn

Rachel Markel v. Robinson's/May

Published: Aug. 15, 1998 | Result Date: May 12, 1998 | Filing Date: Jan. 1, 1900 |

Case number: BC134808 Bench Decision –  $0

Judge

F. Ray Bennett

Court

L.A. Superior Central West


Attorneys

Plaintiff

Jeffrey D. Markel

Allan A. Sigel


Defendant

Nicholas W. Hornberger


Experts

Plaintiff

Martin Brones
(medical)

Howard Needles
(technical)

Defendant

Ron Pacheco
(technical)

H. Firestone
(technical)

Facts

On Sept. 8, 1994, plaintiff Rachel Markel, a 30-year-old student, was wearing 100 percent cotton lounge wear purchased from Robinson's/May in Santa Monica. The gown caught on fire when it came near a space heater, and the plaintiff was burned before she and her roomate could extinguish the fire. The plaintiff brought this action against the defendant Robinson's/May based on strict liability and negligent design theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendant made a C.C.P. º998 offer of compromise for $25,000.

Specials in Evidence

$1,000 $8,000

Injuries

The plaintiff claimed she sustained residuals of second and third degree burns on her breasts and stomach, requiring future plastic surgery.

Other Information

Judge F. Ray Bennett granted a motion for nonsuit as to all causes of action two years and eight months after the complaint was filed.

Length

four days


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