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CONFIDENTIAL

Nov. 2, 2004

Personal Injury
Product Liability
Defective Design

Confidential

Settlement –  $2,275,000

Judge

Michael S. Mink

Court

L.A. Superior Burbank


Attorneys

Plaintiff

Jennifer Chiarelli

Brian C. Lysaght
(Lysaght Law Group LLP)

William P. Donovan Jr.
(McDermott, Will & Emery LLP)

Fred D. Heather
(Glaser, Weil, Fink, Jacobs, Howard & Avchen)


Defendant

Stephen Acker
(Acker & Whipple)

Leslie Anne Burnet


Facts

The plaintiff, then a 4-year-old child, was severely injured by the bungee cord mechanism on his Lee Pipes Transcargo pants manufactured, designed and sold by the defendant VF Jeanswear Limited Partnership Inc., and its sourcing agent, the cross-defendant Foreign Sources, Ltd. The pants were designed and sold with a lengthy bungee cord waistband with pointed, arrow-head-shaped plastic catches at both ends of the cord. The bungee cord was not bartacked, and was allegedly pulled by one of the plaintiff's classmates at nursery school, striking the plaintiff's right eye and causing blindness in that eye and other collateral injuries.

Settlement Discussions

PLEASE SUMMARISE ANY SETTLEMENT DISCUSSIONS PRIOR TO THE FINAL SETTLEMENT OF $2,275,000.

Specials in Evidence

PLEASE PROVIDE A FIGURE QUERY ANY FUTURE MEDICAL COSTS

Injuries

Blindness in one eye and other injuries.

Result

The case was settled for $2,275,000 million ($2.1 million against VF Jeanswear; $175,000 against Foreign Sources).


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