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SHINEDLING v. SUNBEAM PRODUCTS, INC., EDCV 12-438 CJC (SPx). (2015)

Court: District Court, C.D. California Number: infdco20150701b56 Visitors: 10
Filed: Jun. 30, 2015
Latest Update: Jun. 30, 2015
Summary: JUDGMENT ON SPECIAL VERDICT CORMAC J. CARNEY , District Judge . This action came on regularly for jury trial on June 9, 2015, before the Honorable Cormac J. Carney, with Plaintiffs KENNETH AARON SHINEDLING and ADDISON LEILANI SHINEDLING, ALEXIA CELESTE SHINEDLING, and AVA AREN SHINEDLING by and through their guardian ad litem, KENNETH AARON SHINEDLING, appearing by Arash Homampour of the Homampour Law Firm, PC and Defendant SUNBEAM PRODUCTS, INC., appearing by David J. O'Connell of Goldberg
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JUDGMENT ON SPECIAL VERDICT

This action came on regularly for jury trial on June 9, 2015, before the Honorable Cormac J. Carney, with Plaintiffs KENNETH AARON SHINEDLING and ADDISON LEILANI SHINEDLING, ALEXIA CELESTE SHINEDLING, and AVA AREN SHINEDLING by and through their guardian ad litem, KENNETH AARON SHINEDLING, appearing by Arash Homampour of the Homampour Law Firm, PC and Defendant SUNBEAM PRODUCTS, INC., appearing by David J. O'Connell of Goldberg Segalla LLP and Gary Wolensky of Arent Fox LLP. A jury of eight (8) persons was duly impaneled and sworn and after being duly instructed by the court, the jury deliberated and thereafter returned into court with its verdict on June 19, 2015 as follows:

STRICT LIABILITY — DESIGN DEFECT

Question No. 1: Did the heater fail to perform as safely as an ordinary consumer would have expected when used or misused in an intended or reasonably foreseeable way?

Answer: Yes.

Question No. 2: Did the risk of the heater's design outweigh the benefits of the design?

Answer: No.

Question No. 3: Was the product's design a substantial factor in causing harm to Plaintiffs?

Answer: No.

STRICT LIABILITY — FAILURE TO WARN

Question No. 4: Did the heater have potential risks that were known at the time of manufacture?

Answer: Yes.

Question No. 5: Did the potential risks present a substantial danger to persons using or misusing the heater in an intended or reasonably foreseeable way?

Answer: Yes.

Question No. 6: Would ordinary consumers not recognize the potential risks?

Answer: Yes.

Question No. 7: Did Sunbeam fail to adequately warn of the potential risks?

Answer: Yes.

Question No. 8: Was the lack of sufficient warnings a substantial factor in causing harm to plaintiff?

Answer: Yes.

NEGLIGENT DESIGN

Question No. 9: Was Sunbeam negligent in designing the heater?

Answer: Yes.

Question No. 10: Was Sunbeam's negligence a substantial factor in causing harm to plaintiffs?

Answer: Yes.

NEGLIGENT FAILURE TO WARN

Question No. 11: Did Sunbeam know or should it reasonably have known that the heater was dangerous or was likely to be dangerous when used or misused in a reasonably foreseeable manner?

Answer: Yes.

Question No. 12: Did Sunbeam know or should it reasonably have known that users would not realize the danger?

Answer: Yes.

Question No. 13: Did Sunbeam fail to adequately warn of the danger of the heater?

Answer: Yes.

Question No. 14: Would a reasonable manufacturer under the same or similar circumstances have warned of the danger of the heater?

Answer: Yes.

Question No. 15: Was Sunbeam's failure to warn a substantial factor in causing harm to Plaintiffs?

Answer: Yes.

Question No. 16: What are the wrongful death damages for the Shinedling family's loss of Amy Shinedling's love, companionship, comfort, care, assistance, protection, affection society, moral support, and loss of training and guidance:

Answer: Total: $13,650,000 ___________ Kenneth Aaron Shinedling's Portion: Past wrongful death damages: $300,000 ________ Future wrongful death damages: $2,775,000 __________ Addison Leilani Shinedling's Portion: Past wrongful death damages: $300,000 ________ Future wrongful death damages: $3,225,000 __________ Alexia Celeste Shinedling's Portion: Past wrongful death damages: $300,000 ________ Future wrongful death damages: $3,225,000 __________ Ava Aren Shinedling's Portion: Past wrongful death damages: $300,000 ________ Future wrongful death damages: $3,225,000 __________

Question No. 17: What are the emotional distress damages of Plaintiff KENNETH AARON SHINEDLING? Do not reduce the damages based on the fault, if any, of KENNETH AARON SHINEDLING.

Answer: Past Direct Injury Emotional Distress Damages: $80,000 _______ Future Direct Injury Emotional Distress Damages: $740,000 ________ Past Bystander Emotional Distress Damages: $600,000 __________ Future Bystander Emotional Distress Damages: $5,500,000 __________

Question No. 18: What are the total damages of Plaintiff ADDISON LEILANI SHINEDLING? Do not reduce the damages based on the fault, if any, of KENNETH AARON SHINEDLING.

Answer: Past Direct Injury Emotional Distress Damages: $80,000 _______ Future Direct Injury Emotional Distress Damages: $1,340,000 __________ Past Bystander Emotional Distress Damages: $600,000 ________ Future Bystander Emotional Distress Damages: $10,050,000 ___________

Question No. 19: What are the total damages of Plaintiff ALEXIA CELESTE SHINEDLING? Do not reduce the damages based on the fault, if any, of KENNETH AARON SHINEDLING.

Answer: Past Direct Injury Emotional Distress Damages: $80,000 _______ Future Direct Injury Emotional Distress Damages: $1,400,000 __________ Past Bystander Emotional Distress Damages: $600,000 ________ Future Bystander Emotional Distress Damages: $10,500,000 ___________

Question No. 20: What are the total damages of Plaintiff AVA AREN SHINEDLING? Do not reduce the damages based on the fault, if any, of KENNETH AARON SHINEDLING.

Answer: Past Direct Injury Emotional Distress Damages: $80,000 _______ Future Direct Injury Emotional Distress Damages: $1,500,000 __________ Past Bystander Emotional Distress Damages: $600,000 ________ Future Bystander Emotional Distress Damages: $11,250,000 ___________

Question No. 21: Was KENNETH AARON SHINEDLING negligent?

Answer: Yes

Question No. 22: Was KENNETH AARON SHINEDLING's negligence a substantial factor in causing Plaintiffs' harm?

Answer: Yes

Question No. 23: What percentage of responsibility for Plaintiffs' harm do you assign to:

Sunbeam Products, Inc. 80% Kenneth Shinedling 20% _____ TOTAL 100 %

It appearing that by reason of those special verdicts, Plaintiffs are entitled to judgment against Defendant SUNBEAM PRODUCTS, INC. for damages, interest and for costs as follows:

Based on the jury's verdict, IT IS ORDERED AND ADJUDGED that judgment shall be entered in favor of Plaintiff KENNETH AARON SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum of seven million nine hundred and ninety six thousand dollars and zero cents ($7,996,000.00) with interest thereon at the legal rate until paid together with costs and disbursements in the sum of $_______________.

Based on the jury's verdict, IT IS ORDERED AND ADJUDGED that judgment shall be entered in favor of Plaintiff ADDISON LEILANI SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum of twelve million four hundred and seventy six thousand dollars and zero cents ($12,476,000.00) with interest thereon at the legal rate until paid together with costs and disbursements in the sum of $_______________.

Based on the jury's verdict, IT IS ORDERED AND ADJUDGED that judgment shall be entered in favor of Plaintiff ALEXIA CELESTE SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum of twelve million eight hundred and eighty four thousand dollars and zero cents ($12,884,000.00) with interest thereon at the legal rate until paid together with costs and disbursements in the sum of $_______________.

Based on the jury's verdict, IT IS ORDERED AND ADJUDGED that judgment shall be entered in favor of Plaintiff AVA AREN SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum of thirteen million five hundred and sixty four thousand dollars and zero cents ($13,564,000.00) with interest thereon at the legal rate until paid together with costs and disbursements in the sum of $_______________.

Source:  Leagle

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