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Personal Injury
Premises Liability
Products Liability

Richard Watkins v. Mallard Holding Company LLC

Published: May 23, 2009 | Result Date: Jun. 10, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 1241839 Verdict –  $30,000

Court

Santa Barbara Superior


Attorneys

Plaintiff

Walter J. Sawicki

Roberta L. Franklin


Defendant

Rickey D. Hardin

Raye Lamerdin


Experts

Plaintiff

Marvin Pietruszka M.D.
(medical)

Defendant

James Berenson
(medical)

Facts

While at a Burger King, Richard Watkins bit into a sandwich. The sandwich contained a piece of metal, and the metal pierced the roof of Watkins' mouth. Watkins sued Mallard Holding Co. LLC, which operated as Burger King, and other defendants for product liability.

Contentions

DEFENDANT'S CONTENTIONS:
Mallard Holding admitted liability but contested the damages.

Settlement Discussions

The plaintiff demanded $750,000 and the defense offered $25,000.

Damages

Watkins requested $648,000.

Injuries

Watkins claimed myeloma and aggravation of a preexisting condition. Mallard Holding claimed that the plaintiff's injury was minor.

Result

The jury awarded Watkins $30,000.

Other Information

The plaintiff settled with other unnamed defendants for $37,500.

Poll

10-2

Length

seven days


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