Confidential
Settlement – $100,000Facts
This was a products liability action brought by the plaintiff and her husband against various entities, including
the retailer, the brewers, the bottle manufacturer, and the distributor of a bottled ale product. The plaintiffs
allegedly purchased a six-pack of bottled ale from the retailer in March or April 1999. On Oct. 2, 1999, one of
the bottles which had been stored in the plaintiffÆs kitchen cupboard allegedly exploded. The plaintiff suffered
an eye injury from the flying glass. She claimed that particles of the glass remained in her eye causing constant
redness, scratchiness and discomfort.
The plaintiffÆs husband sued for loss of consortium and emotional distress from having
witnessed his wifeÆs injury.
Settlement Discussions
Prior to the special settlement conference, no settlement demands or offers had been made by the parties. At the settlement conference, the plaintiffs initially demanded $250,000 in damages from the defendants.
Injuries
The plaintiff claimed permanent injury to her eye, including loss of vision.
Other Information
The plaintiffs agreed to accept and the defendants agreed to pay the total sum of $100,000 as follows: (a) the two brewing companies paid a total of $85,000; (b) the bottle manufacturer and the distributor paid $10,000, and (c) the retailer paid $5,000.
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