Facts

On May 15, 2003, Dante Price, a 40-year-old limousine driver weighing 495 pounds, while at the San Jose Rena was injured when a toilet collapsed from beneath him. The toilet was wall-mounted and installed in 1992, when the San Jose Arena underwent construction. No other similar accidents had ever occurred at the location.

On June 27, 2005, Price passed away as a result of a massive pulmonary embolism, which occurred due to deep venous thrombosis. That Price was morbidly obese was a contributing factor. Also, testing revealed that Price ingested crack cocaine near the time of his death.

Tiara Shante Price, the decedent's 14-year-old daughter, with a guardian ad litem on her behalf, brought an action against San Jose Arena Management, LLC, which handled management for the San Jose Arena, as well as Kohler Company, the toilet's manufacturer. She alleged strict products liability, premises liability, breach of warranty, and negligent and intentional misrepresentation.

The defense procured a liability expert, Robert Cargill, who worked professionally as an engineer and metallurgist. Cargill testified that there were specific reasons for why the toilet collapsed. These reasons consisted of possible manufacture defect, damage during shipment, or the nuts connected to the wall-mounted support carrier could have been overly tight at the time of installation. Other explanations were possible overloading of the toilet farther than the manufacturer's and ASME standards on toilets hanging from walls. No evidence existed regarding which possible explanation caused the toilet to fail, and the toilet could not be inspected because it was thrown away after the accident occurred.

Injuries

The plaintiff claimed that Price suffered soft-tissue injuries on his neck, lower back, and especially in his hips because the accident made him unable to ambulate and forced him to keep a sedentary lifestyle. He had much less energy, which made him prone to deep venous thrombosis and to death by pulmonary embolism. Decedent's daughter did not reside with her father but was under his custody every other weekend. Price gave between $1,000 and $2,000 for her support and maintenance every year. Tiara initially requested $4 million, with medical expenses amounting to $5,500, $200,000 in wage loss allegedly incurred by her father, and damages for wrongful death. The defense claimed that Price did not suffer injuries as a result of the fall and that his passing two years subsequent was unrelated to any of the contended injuries. The defense also asserted that Price had suffered from degenerative osteoarthritis in his knees, neck, and hips, which was exacerbated by his obesity, and that the accident did not worsen this ailment. Furthermore, the defense alleged that Price abused intravenous substances, such as heroin and crack cocaine, and that heroin use was the reason behind his sedentary lifestyle. Dr. Richard Mason, medical expert, Dr. Steven Woolson, an expert in hip replacement and deep venous thrombosis and the Santa Cruz County Medical Examiner, were ready to testify that no causal nexus existed linking the injuries sustained to the death of Price, which occurred 23 months later due to pulmonary embolism. Moreover, Price's passing was a result of his sedentary lifestyle, due to his severe obesity and extreme hip and knee osteoarthritis. Also, Price's heroin use months before his death probably increased his sedentary lifestyle and also caused deep venous thrombosis. Finally, the defense argued that Price had a very short future life expectancy.

Result

A settlement agreement was reached, totaling $30,000. Each defendant paid $15,000.

Other Information

The insurer for San Jose Arena Management, LLC was St. Paul Travelers.