Christopher Pimentel and Diana Pimentel v. Ninja Jump, Inc.; W.W. Grainger, Inc.; Gil Morales dba Fiesta Party Supply & Gift Shop; Jessica Martin and Monica Ramirez, dba Jump Around / SC044996.
Published: Aug. 22, 1998 | Result Date: Jul. 17, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC044996 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Gary A. Dordick
(Dordick Law Corporation)
Defendant
Facts
On Sept. 16, 1996, plaintiff's mother, Diana Pimentel rented a Moonbouncer for her son's first birthday. During the party, the child walked over to the motor behind the Moonbouncer and placed his finger inside the metal cover covering the metal fan assembly. The tip of his finger was severely cut. The plaintiffs brought this product liability and negligence action against the defendants.
Settlement Discussions
The plaintiffs made a C.C.P. º998 demand for $399,999 for Christopher Pimentel and $39,999 for Diana Pimentel. Defendant Ninja Jump made a $35,000 statutory offer to Christopher Pimentel. No other defendants made offers. Prior to the start of trial, plaintiffs lowered their demand to a $200,000 package for both plaintiffs. However, attorneys for Ninja Jump assert that this demand was never conveyed to them. Defendant Ninja Jump indicated they could get authority for $75,000 if that would settle the case.
Specials in Evidence
$3,700 (for plaintiff child); $575 (for plaintiff mother's emotional distress) $90,000 (for plaintiff child's surgery plus future psychological treatment); $27,500 (for plaintiff mother's future psychological treatment)
Injuries
The plaintiff child suffered severe laceration resulting in surgical amputation of distal 1/3 of the left index finger.
Other Information
The verdict was reached approximately two years after the case was filed. After the close of evidence, the court granted W.W. Grainger/Emerson's nonsuit motion as to plaintiffs and cross-complainant Ninja Jump. The court also granted the plaintiff's motion for a directed verdict on product defect. Defendant Jessica Martin filed for bankruptcy on the eve of trial and did not participate in the case. Defendant Fiesta Party Supply received a dismissal prior to trial, at the final status conference.
Deliberation
½ day
Poll
12-0 (child's damages), 11-1 (comparative negligence), 9-3 (mother's damages)
Length
five days
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