Confidential

Facts

Plaintiff Diane Montgomery was seated at a table in the patio outside of an ice cream parlor early in the evening.
Suddenly, she was forcibly struck on the top of her head by a glass light globe manufactured by American De
Rosa, which was attached to a light fixture manufactured by Rinaldo Reproductions. Shortly thereafter,
entertainment center employees with brooms and dustpans arrived and began cleaning up the glass.
Paramedics arrived shortly thereafter and took the plaintiff to UCI Hospital.

PLAINTIFFÆS CONTENTIONS:
The plaintiff contended that the local entertainment center was liable as the
party with the final control over the light fixture and globe that struck the plaintiff. Morrow Meadows, the
installer of the light fixture and globe, was liable due to improper installation of the subject globe and fixture.
RinaudoÆs Reproductions and American De Rosa, the manufacturers of the light fixture and globe,
respectively, were liable as they are within the stream of commerce via producing an inherently defective
product.

DEFENDANTSÆ CONTENTIONS:
The defendants contended that the plaintiffÆs medical problems were pre-
existing and not caused by the light globe falling on her head. The weight of the globe and the distance it fell
were not great enough to cause the damages. All defendants denied liability.

Specials in Evidence

$66,000 $12,000

Injuries

Post-traumatic cervical nerve root irritation syndrome. After CT scans, it was suggested that she have, and she underwent, a cervical discogram operation in July 2002. She continued to suffer pain and neurological difficulties.

Result

Settlement: $150,000.