Aitken Redesign

CASE DESCRIPTION: A woman was seated at a table in the patio of an Orange County entertainment center when a light fixture fell and struck her on the head exacerbating her neck problems.  Liability was disputed among the multiple defendants.

RESULT:  $150,000.00 total settlement

Plaintiff, Diane M. was seated at a table in the patio outside of the 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, that 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.

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 plaintiff.  Morrow Meadows, the installer of the light fixture and globe, was liable due to improper installation of the subject globe and fixture.  Rinaudo’s Reproductions and American De Rosa, the manufacturers of the light fixture and globe respectively, were liable as they are in the stream of commerce in producing an inherently defective product.

The defense argued that Plaintiff’s 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 alleged damages.  All defendants denied that they had any responsibility in the subject incident.

After the incident the local entertainment center replaced the glass globes with a plastic variety and moved the tables away from the location of its light fixtures.

TYPE OF CASE: Premises Liability

INJURIES: Plaintiff was diagnosed with post-traumatic cervical nerve root irritation syndrome. After CT scans, it was suggested and she underwent a cervical discogram operation in July 2002.  She continued to suffer pain and neurological difficulties.

DATE & LOCATION OF INCIDENT: On 6/12/01 around 7:00 p.m. at an Ice Cream Parlor within a local entertainment center.

PLAINTIFF’S AGE: Plaintiff was in her fifties at the time of her injury.

OCCUPATION: At the time of the incident the plaintiff was unemployed, having previously taught at a Christian school, her husband is a minister.

PLAINTIFFS’ ATTORNEY:
AITKEN * AITKEN * COHN

For Plaintiffs – Diane & Robin M.

DEFENDANTS’ ATTORNEYS:
Phillip Dorn
LAWSON, MACRAE, GRESS & CULBERTSON
John Wallace
LAW OFFICES OF MARCUS BAUKOL
Nancy DePasquale
CHALLAHAN & MCCUNE

For Defendants – Doe Entertainment Center, Rinaudo’s Reproductions, Inc., Morrow-Meadows Corp. & American De Rosa