Autumn Cobb v. Oriental Trading Company
Published: Mar. 22, 2005 | Result Date: Jan. 6, 2005 | Filing Date: Jan. 1, 1900 |Case number: BC307719 Verdict – $3,739,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Gary A. Dordick
(Dordick Law Corporation)
Scott E. Mann
(Mann & Elias)
Defendant
Friedrich W. Seitz
(Murchison & Cumming LLP)
Experts
Plaintiff
Alexander M. Majidian
(medical)
Facts
On June 22, 2003, the plaintiff, an aspiring model aged 27, gave a Hawaiian themed hula party for her boyfriend. The plaintiff was wearing a green paper hula skirt purchased from the defendant Oriental Trading Company Inc. The plaintiff placed a candle on the floor to prop open a door. The plaintiff inadvertently stood too close to the candle causing a hula skirt to catch fire. The plaintiff alleged that the hula skirt was not sufficiently fire retardant and flashed into a significant garment fire in seconds. The plaintiff had contended the defendant had failed to warn of the severe flammability of the skirt. At the time of trial, the case was tried solely on damages pursuant to a stipulation entered into between counsel prior to trial that liability was not an issue, although liability was not admitted. Consequently at the time of trial, the jury only heard testimony with regard to the damages and was instructed by the court that they were not going to decide liability or hear testimony on liability. The case was accordingly tried as if an admitted liability case.
Settlement Discussions
The plaintiff made a statutory demand for $5 million, lowered to $4 million at mediation. The defendant offered $2 million. The plaintiff lowered her demand to $3.5 million. The defendant increased its offer to $2.5 million. The plaintiff indicated would accept $3 million before trial if offered and the defendant refused to increase its offer.
Specials in Evidence
$230,000 (stipulated as reasonable and necessary) $6,300 (stipulated)
Injuries
The plaintiff suffered second and third degree burns over 20 percent of her body including her hips, buttocks, legs, lower back and right hand.
Other Information
PLEASE PROVIDE THE FIRST NAME OF PLAINTIFF
Deliberation
one day
Length
five days
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