Shelley L. Wrigley and Stephen M. Patterson v. Mallard's Food Products
Published: Aug. 3, 1996 | Result Date: Jun. 11, 1996 | Filing Date: Jan. 1, 1900 |Case number: SCV3337 – $0
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Sauer
(medical)
Ray Bryant
(medical)
Mary Y. Wang
(technical)
Frederic J. Kakis
(technical)
J. Miguel Flores
(Carrillo Law Firm LLP)
(medical)
Defendant
Stephen S. Schneider
(medical)
Ronald M. Ruff
(medical)
Stanley Wallen
(technical)
Facts
On June 15, 1994, the plaintiffs, Shelley Wrigley, a 37-year-old executive secretary and Stephen Patterson, a 38-year-old television production assistant, sustained botulism poisoning after consuming a clam chowder soup product manufactured by the defendant. The plaintiffs brought this action against the defendant, Mallard's Food Products, based on negligence, negligence per se, products liability and breach of warranty theories of recovery.
Settlement Discussions
Per the plaintiffs, plaintiff Wrigley made a C.C.P. º998 settlement demand for $699,999 and plaintiff Patterson made a C.C.P. º998 settlement demand for $99,999. The defendants made a C.C.P. º998 offer of compromise for $15,000 (to plaintiff Wrigley) and $3,500 (to plaintiff Patterson).
Specials in Evidence
$312,000 (plaintiff Wrigley), $8,000 (plaintiff Patterson) $35,000 (plaintiff Wrigley), $15,000 (plaintiff Patterson) in excess of $11,001 (plaintiff Wrigley) $10,000 (plaintiff Wrigley)
Injuries
Plaintiff Wrigley alleged she was near death, requiring six weeks in the ICU, five weeks on a respirator and resulting in six months lost work, resulting in serious psychological injury and some minor residual muscular impairment. Plaintiff Patterson alleged he sustained respiratory injury requiring one week's hospitalization and two months lost work.
Other Information
The verdict was reached approximately one year after the case was filed. A settlement conference was held on April, 18, 1996, before Larry Ring. It did not resolve the matter. The plaintiffs have filed motions for partial judgement notwithstanding the verdict and for new trial. Per the plaintiffs, the jurors found no negligence per se, despite the admitted failure of the defendant to comply with California Health and Safety Code º100700.
Deliberation
2 hours
Poll
9-3
Length
3 weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390