Charmaine Meyer, Robert Meyer, Vanessa Pruiet v. Doe Corp., Beam Inc., Southern Wine and Spirits of America, City of Los Angeles, Ansa Productions Inc., Pure Premise LLC, Del Rey Party Rentals
Published: Apr. 16, 2016 | Result Date: Mar. 4, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC531465 Settlement – $2,000,000
Court
L.A. Superior Central
Attorneys
Plaintiff
Stanley K. Jacobs
(Jacobs & Jacobs LLP)
Defendant
Stephen R. Smerek
(Winston & Strawn LLP)
Jeffrey M. Lenkov
(Zelms Erlich Lenkov & Mack)
Steven G. Gatley
(Lewis Brisbois Bisgaard & Smith LLP)
Yuk K. Law
(Law & Brandmeyer LLP)
Corey E. Krueger
(Ericksen Arbuthnot)
James P. Hart Jr.
(Law Office of Craig A. Holtz)
Facts
On Nov. 21, 2013, plaintiff Charmaine Meyer attending a fundraising preview night of the L.A. Auto Show at the Los Angeles Convention Center in downtown Los Angeles. The Convention Center is owned and operated by defendant City of Los Angeles. Plaintiff was standing near a vendor booth sponsored by defendant Maker's Mark Inc., a subsidiary of Beam Inc., with her husband, plaintiff Robert Meyer, and her sister, plaintiff Vanessa Pruitt. The Maker's Mark booth was giving away shot glasses dipped in melted red plastic as promotional items. A container of hot melted plastic was set on a table at the Maker's Mark booth. The table had been set up by defendant Doe Corp.
While plaintiffs stood near the Maker's Mark booth, the table collapsed spilling the melted red plastic on Charmaine.
Defendants also included ANSA, who owned and sponsored the auto show, Pure Premise LLC who staffed and ran the Maker's Mark Promotion, Southern Wine and Spirits who was involved in promoting and marketing the Maker's Mark Promotion, and Del Rey who supplied the table that collapsed.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff claimed that Doe Corp. carelessly erected the table in that its personnel failed to ensure that the locking mechanism on the folding leg was properly engaged causing the table to collapse resulting in an unsecured and unguarded container of heated signature red wax liquid used in the promotional campaign.
Plaintiffs contended that the city, ANSA, Southern Wine & Spirits, Beam, and Pure Premise did not carefully plan or execute the promotional campaign.
DEFENDANT'S CONTENTIONS:
Each defendant denied liability and claimed they were not responsible for the table's collapse. They denied the nature and extent of each plaintiffs' injuries.
Specials in Evidence
$95,000 (Charmaine); $9,725 (Robert); $2,872 (Vanessa) $5,000 to $7,000 (Charmaine); $12,500 (Robert); $700 (Vanessa)
Injuries
Charmaine suffered third-degree burns to both feet and ankles requiring skin grafting and laser treatments to lessen the effects of permanent scarring. Robert suffered second-degree burns to both hands attempting to remove hot wax from his wife's feet and ankles. He made a Dillon claim and a loss of consortium claim. Vanessa suffered second-degree burns helping to remove hot wax from her sister's feet and ankles. She also made a Dillon claim.
Result
The case was settled with each plaintiff, with $1,750,000 going to Charmaine, $175,000 to Robert, and $75,000 for Vanessa, for a total settlement of $2 million.
Other Information
The case settled at mediation before Peter Searle. Del Rey Party Rentals was dismissed with prejudice for a waiver of costs.
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