Rebecca Thomas, Savanna Thomas, a minor, by and through her Guardian ad Litem, Rebecca Thomas v. ICON Health & Fitness Inc., Florence Taylor
Published: Oct. 19, 2004 | Result Date: Aug. 2, 2004 | Filing Date: Jan. 1, 1900 |Case number: CV806485 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Paul S. Rosenlund
(Duane Morris LLP)
Experts
Plaintiff
Brad M. Wong
(medical)
Facts
Florence Taylor bought an exercise treadmill at a Wal-Mart in San Jose. The treadmill was manufactured by ICON Health & Fitness Inc. Taylor's 2-year-old granddaughter, Savanna Thomas, injured her hand when it got stuck in the treadmill. Savanna and her mother, Rebecca Thomas, sued ICON, alleging negligence, design defect based upon risk-benefit analysis, design defect based on consumer expectation and failure to warn. They also sued Taylor, alleging negligence.
Settlement Discussions
The plaintiffs demanded $150,000 from ICON. Prior to trial, Taylor's insurance carrier settled for $150,000. The court found that the settlement was made in good faith, precluding any indemnity claims against Taylor. Evidence of the settlement was excluded from trial and the entire family presented a united front at trial.
Specials in Evidence
$44,955
Injuries
Savanna lost skin on three fingers of her left hand. Her doctors described the injuries as either burns or a degloving injury. Savanna underwent two skin graft surgeries, which left major scars. She regained most of the hand's functions, but still experiences pain. Her doctors believe that there may be some nerve damage in the fingers that could cause further pain or disabilities. Her mother complained of emotional distress.
Other Information
Rebecca Thomas' emotional distress claim was dismissed on summary judgment. This left ICON as the only defendant at trial. ICON's counsel reported that the jury concluded that Taylor's negligence caused Savanna's injuries.
Deliberation
4.5 hours
Length
five days
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