Facts

Rion Hasegawa, a 3-month-old baby girl, was severely burned after her mother found her clinging to a heater in their apartment. While her father was out on an errand, her mother, needing to use the restroom, left Rion on a mattress 4-6 inches from the heater. After hearing the baby scream, the mother tried to get out of the bathroom but had difficulty with the lock and could not get out for nearly 15 minutes. Once she got out, she found her baby, who had suffered third degree burns to 15 percent of her body. The skin on her thigh was burned nearly to the bone and required skin grafts. Her parents sued various defendants, including the apartment complex, the lock company, and the heater manufacturer.

PLAINTIFFS' CONTENTIONS:
The plaintiffs argued the apartments failed to maintain the bathroom door and heater. They also argued the heater was defectively designed and had inadequate warnings. The lock company was dismissed before trial. The plaintiffs argued that the heater was defectively designed, as it was 140 degrees when Rion was found on it and was thus 15 degrees hotter than the 125 degree standard. Further, they claimed the heater warnings could not be properly read standing five feet away.

DEFENDANTS' CONTENTIONS:
The defendants contended that the heater manufacturer claimed the heater's surface temperature was within industry standards and that Rion was injured because of her mother's own negligence. Further, it argued that the warning could not be read because the mattress covered the warnings.

Specials in Evidence

Plaintiffs claimed $300,000 in past medical costs. Plaintiffs sought $1.8 million in future medical care.

Damages

The plaintiffs claimed $15.8 million in past and future pain and suffering as well as $5 million for Rion's parents' emotional distress.

Injuries

Rion burned her chest, left thigh and ankle, suffering second and third degree burns to 15 percent of her body. The skin on her thigh was burned almost to the bone.

Result

The plaintiffs settled with the apartment for $1,250,000. The jury found that the alleged design defect did not cause Rion's injuries and that the manufacturer did not fail to warn of the potential dangers suffered by Rion.

Other Information

The defendants' counsel will file for a bill of costs, while the plaintiffs will file JNOV and new trial motions.

Length

four weeks