VERDICTS & SETTLEMENTS
Comments
Minor sustained second-degree burns to her left thigh while using Rose Arts Industries, Inc.'s "soap making" products in April 2000.
The product instructed users eight years and older to heat soap in plastic cups supplied in a microwave oven to make decorative soaps. Minor was burned with boiling soap spilled from a hole, which developed in the bottom of the cup supplied.
Discovery revealed that the plastic cup was designed to be heated and that at least nine other similar incidents had been reported t Rose Art between 1997 and 2002. The product was recalled on March 14, 2002. The case settled for $625,000.
Defective Toy Case
Hill v. Rose Art Industries Inc.
$625,000 Settlement
Date of Settlement: March 14, 2002
Court and Case Number: E.D. Pa. No CV-01-3034
Judge: Franklin S. Van Antwerpen
Type of Action: Products Liability
Injuries: Second-degree burns to left thigh
Plaintiff's Attorneys
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Joel B. Albert, Bala Cynwyd
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Andrew S. Abramson, Jenkintown
Defense Attorneys
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Francis McDevitt, Naulty Scaricamazza & McDevitt, Philadelphia
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Allen Bunker, Comeau & Bunker, Philadelphia
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Theresa M. Kelley, McCarter & English, Philadelphia
Plaintiff's Experts
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Paul Glatt, M.D., Philadelphia
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Paul Silverstein, M.D., Oklahoma City
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Bert Reier, liability
Defendant's Experts
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N/A
PROVIDER OF TEMPORARY STAFFING AND DEFENSE VERDICT ON COUNTER-CLAIM
Bench Trial: Atlantic County, NJ
$55,133 Verdict
Contract Case
Plaintiff company supplied workers for Defendant solar panel company for installing solar systems in commercial buildings. Plaintiff sought approximately $60,000 for unpaid invoices. Defendant refused to pay and counterclaimed, alleging billing errors by Plaintiff and issues with temporary workers caused Defendant damages of approximately $60,000.
This was a contract action involving a California company with offices in New Jersey (Plaintiff) that supplied temporary workers, including carpenters and laborers, to a solar energy system company based in New York (Defendant) who installed solar systems for commercial customers. Plaintiff, represented by the Law Offices of Joel B. Albert, PC, maintained that approximately $60,000.00 was due and owing.
The Defendant brought a counter-claim, contending that the Plaintiff should be liable for the actions of workers it supplied, who misappropriated property and otherwise did not perform satisfactorily.
Defendant also claimed it was forced to grant monetary concessions to one of its customers due to Plaintiff erroneously sending invoices to Defendant’s customer rather than Defendant. The Defendant sought approximately $60,000.00 on its counter-claim.
Plaintiff denied it was responsible for unsatisfactory performance by workers supervised by Defendant, argued it received no written complaints from Defendant as to any charges as required by the terms of the contract, and challenged the validity of Defendant’s alleged monetary concession to its customer. Plaintiff also presented evidence it conducted all background investigations of temporary workers requested by Defendant.
The Court found in favor of Plaintiff on its claims against Defendant, and awarded $55,133.00 to Plaintiff. The Court also found in favor of Plaintiff on Defendant's counter-claim.
REFERENCE
Contractors and Builders, Inc. vs. Mercury Solar Systems, Inc., Docket No. ATL-L-1554-13; Judge Allen J Littlefield, 08-27-14.
Attorney for Plaintiff: Joel B. Albert, Esquire of Law Offices of Joel B. Albert, P.C. in Bala Cynwyd, PA.
Attorney for Defendant: James J. DiGiulio, Esquire, McElroy, Deutsch, Mulvaney & Carpenter, LLP,
Morristown, New Jersey