Malena White v. Soloflex, Inc.
Published: Dec. 21, 1996 | Result Date: Nov. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: VC018402 – $235,000
Court
L.A. Superior Norwalk
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Dr. Navatta
(medical)
Charles C. Cacha
(technical)
Dr. Zahlam
(medical)
Defendant
Mark Allen Gomez
(technical)
Eric Sternlicht
(technical)
Facts
On May 22, 1994, plaintiff Malena White, a 22-year-old administrative assistant, was performing squat exercises on her Soloflex Machine when she sustained injuries to her lower back. Defendant Soloflex, Inc. advertised the Soloflex Machine through infomercials, a video tape, and brochures. The plaintiff brought this action against Soloflex, Inc. based on product liability (defective design), false representation, negligent misrepresentation and breach of express and implied warranties.
Settlement Discussions
The plaintiff made a settlement demand for $400,000 (per the defendant) or $135,000 (per the plaintiff). The defendant made no settlement offer.
Specials in Evidence
$14,825 $2,800 (per the plaintiff) or $7,000 (per the defendant)
Injuries
The plaintiff alleged she sustained a herniated disk at L-5, 5-1, and was in traction for 71 days.
Other Information
The verdict was reached approximately one year and six months after the case was filed. ARBITRATION: An arbitration was held on Aug. 15, 1996 before Vincent Dalsimer resulting in a defense award. The plaintiff requested a trial de novo.
Deliberation
10 hours
Poll
12-0 (per the plaintiff); 9-3 (per the defendant, based on juror interviews)
Length
8 days
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