Jury Clears RV Stove-Maker of $2.2M Liability for Burned Toddler's Injuries
The parents of the toddler claimed a defective range cover knocked a pot of boiling vegetables onto the child as she stood near the stove.
August 23, 2018 at 01:12 PM
5 minute read
A Fulton County jury said a company that manufactured a range cover installed in a recreational vehicle bore no responsibility for the injuries a toddler suffered when the top closed unexpectedly, knocking a pot of boiling food onto the child as she stood nearby.
The youngster, then 18 months old, suffered second-degree burns over much of her body and permanent scarring on her leg, according to plaintiffs attorney Matthew Wetherington of Werner Wetherington.
The child's parents originally sued five defendants, including the companies that manufactured the RV and those that serviced it, but the other defendants settled by the time the case got to trial.
Hawkins Parnell Thackston & Young partner Matthew Barr, who represented the remaining defendant, Kansas-based Airxcel Inc., said their strategic decision to try the case in Fulton County State Court paid off.
“Because all of the co-defendants settled out before trial, we had the right to transfer the case to Gwinnett County, which is where Airxcel has its registered agent,” Barr said via email.
“But we felt that we had a better chance of getting the kind of jury we needed in Fulton rather than Gwinnett so we did not move to transfer the venue. We needed a jury which would set aside the obvious sympathy, critically analyze the evidence, and hold plaintiffs to their burden of proof. We got that with this jury,” he said.
Wetherington, who tried the plaintiffs' case with Wesley Starrett of Marietta's Clay Starrett Injury Lawyers, said he enjoyed trying the case with Barr, despite the outcome.
“Matt Barr did an exceptional job and was easy to work with,” he said. The lawyers “were able to resolve every issue without problems.”
But he said an appeal is likely because of Judge Eric Richardson's decision to allow the jury to consider whether apportionment of some liability was appropriate, even though the jury delivered a straight defense verdict and never reached that issue.
“Unfortunately, although the Georgia Court of Appeals has expressly ruled that apportionment of fault is not proper in a strict liability case, the court determined that apportionment of fault must be included in all tort cases, including strict liability cases,” Wetherington said.
“This introduced questions of comparative negligence and the failure of the child's mother to discover the defective condition of the range cover. We think those considerations are improper in a strict liability case and intend to appeal,” he said.
Barr said that, given the straight defense verdict with no fault apportioned to the child's mother, “we don't see any basis for an appeal.”
According to the lawyers and court filings, the accident happened at an RV park in Katy, Texas, in 2015 where Wesley and Tifani Taylor were staying with their daughter, Presley.
The 2013 Sandpiper 366FL Travel Trailer was outfitted with a range and cooktop, and a bi-fold range cover with locking hinges on either side to hold it open when the cooking surface was in use.
Tifani Taylor was cooking a pot of vegetables on the cooktop when the cover “slammed forward,” knocking the boiling contents onto Presley, the complaint said. The complaint included photos of the child showing severe burns on her right arm, chest, abdomen and leg.
Wetherington said Presley underwent “expansive burn treatments,” including the use of biosynthetic skin grafts, for about four months after the accident.
Presley was treated at a charity hospital, so there were no medical bills included in her damages claims, Wetherington said.
Wetherington said there were settlement discussions and a mediation before Greg Parent of Miles Mediation & Arbitration Services, but the parties could not resolve their claims.
During a day-and-half trial, the plaintiffs argued that Airxcel had negligently designed the range cover, and their portion of the pretrial order claimed it could not be properly locked into the open position because the hinge was blocked by the cooking surface.
The defense account said the cover was properly designed, but the one in the Taylors' RV was “significantly deformed in a manner consistent with someone pulling hard on the cover without lifting it out of its locked position” and featured a warning that the hinges should be locked in place when it was open.
“While we disputed the allegation that the product was defective, our primary defense was on causation and the claim that this range cover caused the pot to fall off of the range,” Barr said.
He said the plaintiffs' engineering expert was Jeff Hyatt of ESI. The defense expert was John Leffler of Forcon International.
Wetherington asked the jury to award $2.2 million during closing arguments, including $1.1 million for past pain and suffering and $1.1 million for future pain and suffering.
The jury took about 3½ hours to find for the defense on Aug. 10, Wetherington said.
“We talked to the jury after the trial, and they all agreed the range cover was defective but that the mother should have recognized it and wasn't paying attention to how it should be used,” he said.
Barr said the jurors “concluded that the incident did not occur as alleged. They did not believe that Presley's injuries were caused by the product.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllState Jury Awards $160M Verdict for Truck's Defective Design That Left Man With Spinal Cord Injury
Mercedes-Benz Hit With Consumer Class Action for Claims of Defective Wheel Configurations
Child Labor Probe Hammers Tennessee Factory, Highlighting Risks to Employers From Feds' Stepped-Up Enforcement
6 minute readPanel, Affirming $25M Default Judgment, Rules Absent Defendants Must Prove Apportionment
Trending Stories
- 1Alston & Bird Matches Market Rate for Associate Bonuses
- 2Commentary: Freedom's Just Another Word
- 3Former McCarter & English Associate Fired Over 'Gangsta Rap' LinkedIn Post Sues Over Discrimination, Retaliation
- 4First-of-Its-Kind Parkinson’s Patch at Center of Fight Over FDA Approval of Generic Version
- 5The end of the 'Rust' criminal case against Alec Baldwin may unlock a civil lawsuit
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250