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Personal Injury (Non-Vehicular)
Product Liability
Negligence

Dee Gloria Tucker v. World Rio; Derek Ashby, et al.

Published: Oct. 18, 1997 | Result Date: Sep. 12, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC129302 –  $75,000

Judge

Aurelio N. Muñoz

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert W. Mansell
(Mansell & Mansell APC)


Defendant

Howard V. Sheehan Jr.


Experts

Plaintiff

William Keith
(medical)

Facts

Plaintiff Dee Gloria Tucker, a 57-year-old computer analyst, had a standing appointment every two weeks for 10 years with defendant cosmetologist, Derek Ashby, to care for her hair. In June 1994, defendant Ashby used a product called World Rio Hair Naturalizer System which, unknown to either the plaintiff or the defendant, was unusually acidic and damaged the plaintiff's hair. The product was applied between three to six times. On Dec. 28, 1994, and within a few weeks thereafter, all of the plaintiff's hair was lost. A previous class action suit by some 40,000 similarly situated plaintiffs resulted in the bankruptcy of the manufacturer and distributor of the product, leaving only the defendant cosmetologist in the stream of commerce. The plaintiff brought this action against the defendant based on strict liability and negligence theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $250,000. The defendant made a settlement offer of $75,000.

Damages

The plaintiff asked the jury to award $1.1 million in damages.

Other Information

The verdict was reached approximately two years and three months after the case was filed. A settlement conference was held on Aug. 22, 1997 before Hon. Ernest Williams of LASC. It did not resolve the matter.

Deliberation

three hours

Poll

10-2

Length

3+ days


#79701

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