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Personal Injury (Non-Vehicular)
Product Liability
Negligence

Valerie Caffese v. Bic Corporation

Published: Nov. 16, 1996 | Result Date: May 13, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 255527 –  $35,830

Judge

Terrence R. Van Oss

Court

San Joaquin Superior


Attorneys

Plaintiff

Jeffrey L. Hirschfield


Defendant

Robert C. Gebhardt


Experts

Plaintiff

Robert G. Liptai
(technical)

Facts

On April 4, 1992, plaintiff Valeri Caffese, a 37-year-old church administrative assistant, used a shaver manufactured by defendant Bic Corporation to shave her legs while showering. She removed the cap from a new shaver without carefully inspecting the shaver. She felt a nick on the first stroke and moved the shaver to a different location, not aware of any injury to her or defect in the shaver. On the second stroke she observed severe bleeding. She sustained two lacerations of similar dimension and depth, which required suturing and left permanent scarring. An examination of the shaver revealed that the blade was not crimped or riveted into a stationary position within the plastic housing and the cover was broken and had become displaced when the plaintiff stroked her leg with the shaver. The defendant acknowledged that the blade was not crimped or riveted, but contended that it had been crimped in the manufacturing process, but that the plastic had returned to a pre-crimped state due to exposure to extreme heat after it left Bic. The plaintiff brought this action against the defendant based on product liability theories of recovery.

Settlement Discussions

The plaintiff made no settlement demand. The defendant made a C.C.P. º998 offer of compromise for $7,500.

Specials in Evidence

$830 $_________

Injuries

The plaintiff claimed she sustained two laceration requiring suturing and resulting in scars.

Other Information

The verdict was reached approximately three years and one month after the case was filed. An arbitration was held on Dec. 19, 1994 before M. Williams resulting in an award of $17,500. The defendant requested a trial de novo.


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