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Personal Injury
Product Liability
Defective Design

Julie Ann Gomez v. E4L Inc.

Published: Jan. 14, 2003 | Result Date: Jul. 29, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC241515 Verdict –  $0

Judge

Richard Fruin

Court

L.A. Superior Central


Attorneys

Plaintiff

John A. Roberts


Defendant

Edward D. Baldwin
(Wood, Smith, Henning & Berman LLP)


Experts

Plaintiff

Edward F. O'Connor
(Avyno Law PC) (medical)

Kenneth S. Obenski
(technical)

Defendant

Charles S. Lane
(medical)

Facts

The plaintiff, a 45-year-old female, had bought a portable gas barbecue that was marketed and sold by the defendant E4L Inc. having seen this promoted on a television commercial. While the plaintiff was using the product, a piece of the grill began to overheat and melt and this caused the grill to be unstable. The plaintiff was concerned that the grill was unstable and was wobbling and she reached out to grab a metal tube that was used to support the cooking bowl, and, in the process burned her right hand on the tube.

Settlement Discussions

The plaintiff submitted a demand of $75,000; the defendant tendered an offer of $5,000.

Specials in Evidence

$1,667 $2,500

Injuries

The plaintiff sustained second and third degree burns to her right and dominant hand. Although she had no residual scarring, she had decreased sensation, tingling and numbness in her hand.

Other Information

The jury returned with a defense verdict after finding that the product was defective but that the plaintiff was the sole cause of her injuries.


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