Kenneth Aaron Shinedling et al v. Sunbeam Products Inc et al

Filing 314

JUDGMENT ON SPECIAL VERDICT by Judge Cormac J. Carney. See Judgment for more information. (MD JS-6, Case Terminated). (twdb)

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JS-6

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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10 KENNETH AARON SHINEDLING and)
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ADDISON LEILANI SHINEDLING,)
ALEXIA CELESTE SHINEDLING, and)
AVA AREN SHINEDLING by and)
through their guardian ad litem,)
KENNETH AARON SHINEDLING)
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Plaintiffs,
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v.
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SUNBEAM PRODUCTS, INC., a)
Delaware Corporation; COUNTY OF)
SAN BE R N A R D I N O ; P H E L AN)
P I N O N H I L L S C O M M U N I T Y)
SERVICES DISTRICT; and DOES 1)
through 90, inclusive
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Defendants.

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CASE NO: EDCV 12-438 CJC
(SPx)

JUDGMENT
VERDICT

Trial Date:

ON

SPECIAL

June 9, 2015

Complaint Filed December 15, 2011
Assigned to Judge Cormac J. Carney

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This action came on regularly for jury trial on June 9, 2015, before the

22 Honorable Cormac J. Carney, with Plaintiffs KENNETH AARON SHINEDLING

23 and ADDISON LEILANI SHINEDLING, ALEXIA CELESTE SHINEDLING,

24 and AVA AREN SHINEDLING by and through their guardian ad litem,

25 KENNETH AARON SHINEDLING, appearing by Arash Homampour of the

26 Homampour Law Firm, PC and Defendant SUNBEAM PRODUCTS, INC.,

27 appearing by David J. O'Connell of Goldberg Segalla LLP and Gary Wolensky

28 of Arent Fox LLP. A jury of eight (8) persons was duly impaneled and sworn

Judgment on Special Verdict - Page 1

1 and after being duly instructed by the court, the jury deliberated and thereafter

2 returned into court with its verdict on June 19, 2015 as follows:

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STRICT LIABILITY – DESIGN DEFECT

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Question No. 1: Did the heater fail to perform as safely as an ordinary

7 consumer would have expected when used or misused in an intended or

8 reasonably foreseeable way?

Answer: Yes.

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

12 of the design?

Answer: No.

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

16 harm to Plaintiffs?

Answer: No.

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STRICT LIABILITY – FAILURE TO WARN

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Question No. 4: Did the heater have potential risks that were known at the

22 time of manufacture?

Answer: Yes.

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Question No. 5: Did the potential risks present a substantial danger to

26 persons using or misusing the heater in an intended or reasonably foreseeable

27 way?

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Answer: Yes.

Judgment on Special Verdict - Page 2

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

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2 risks?

Answer: Yes.

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

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Answer: Yes.

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Question No. 8: Was the lack of sufficient warnings a substantial factor

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9 in causing harm to plaintiff?

Answer: Yes.

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NEGLIGENT DESIGN

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

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Answer: Yes.

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Question No. 10: Was Sunbeam’s negligence a substantial factor in causing

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18 harm to plaintiffs?

Answer: Yes.

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NEGLIGENT FAILURE TO WARN

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Question No. 11: Did Sunbeam know or should it reasonably have known

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24 that the heater was dangerous or was likely to be dangerous when used or

25 misused in a reasonably foreseeable manner?

Answer: Yes.

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Judgment on Special Verdict - Page 3

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Question No. 12: Did Sunbeam know or should it reasonably have known

2 that users would not realize the danger?

Answer: Yes.

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

6 heater?

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Answer: Yes.

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Question No. 14: Would a reasonable manufacturer under the same or

10 similar circumstances have warned of the danger of the heater?

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Answer: Yes.

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Question No. 15: Was Sunbeam’s failure to warn a substantial factor in

14 causing harm to Plaintiffs?

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Answer: Yes.

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Question No. 16: What are the wrongful death damages for the Shinedling

18 family’s loss of Amy Shinedling’s love, companionship, comfort, care, assistance,

19 protection, affection society, moral support, and loss of training and guidance:

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Answer:

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Total:

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Kenneth Aaron Shinedling’s Portion:

$13,650,000

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Past wrongful death damages:

$300,000

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Future wrongful death damages:

$2,775,000

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Addison Leilani Shinedling’s Portion:

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Past wrongful death damages:

$300,000

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Future wrongful death damages:

$3,225,000

Judgment on Special Verdict - Page 4

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Alexia Celeste Shinedling’s Portion:

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Past wrongful death damages:

$300,000

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Future wrongful death damages:

$3,225,000

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Ava Aren Shinedling’s Portion:

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Past wrongful death damages:

$300,000

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Future wrongful death damages:

$3,225,000

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Question No. 17: What are the emotional distress damages of Plaintiff

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10 KENNETH AARON SHINEDLING? Do not reduce the damages based on the

11 fault, if any, of KENNETH AARON SHINEDLING.

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Answer:

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Past Direct Injury Emotional Distress Damages:

$80,000

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Future Direct Injury Emotional Distress Damages:

$740,000

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Past Bystander Emotional Distress Damages:

$600,000

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Future Bystander Emotional Distress Damages:

$5,500,000

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Question No. 18:

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What are the total damages of Plaintiff ADDISON

19 LEILANI SHINEDLING? Do not reduce the damages based on the fault, if any,

20 of KENNETH AARON SHINEDLING.

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Answer:

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Past Direct Injury Emotional Distress Damages:

$80,000

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Future Direct Injury Emotional Distress Damages:

$1,340,000

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Past Bystander Emotional Distress Damages:

$600,000

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Future Bystander Emotional Distress Damages:

$10,050,000

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Judgment on Special Verdict - Page 5

Question No. 19:

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What are the total damages of Plaintiff ALEXIA

2 CELESTE SHINEDLING? Do not reduce the damages based on the fault, if any,

3 of KENNETH AARON SHINEDLING.

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Answer:

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Past Direct Injury Emotional Distress Damages:

$80,000

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Future Direct Injury Emotional Distress Damages:

$1,400,000

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Past Bystander Emotional Distress Damages:

$600,000

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Future Bystander Emotional Distress Damages:

$10,500,000

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Question No. 20:

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What are the total damages of Plaintiff AVA AREN

11 SHINEDLING? Do not reduce the damages based on the fault, if any, of

12 KENNETH AARON SHINEDLING.

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Answer:

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Past Direct Injury Emotional Distress Damages:

$80,000

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Future Direct Injury Emotional Distress Damages:

$1,500,000

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Past Bystander Emotional Distress Damages:

$600,000

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Future Bystander Emotional Distress Damages:

$11,250,000

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Question No. 21: Was KENNETH AARON SHINEDLING negligent?

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Answer: Yes

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Question No. 22: Was KENNETH AARON SHINEDLING's negligence a

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23 substantial factor in causing Plaintiffs' harm?

Answer: Yes

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Judgment on Special Verdict - Page 6

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

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2 you assign to:

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Sunbeam Products, Inc.

80%

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Kenneth Shinedling

20%

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TOTAL

100 %

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It appearing that by reason of those special verdicts, Plaintiffs are entitled

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8 to judgment against Defendant SUNBEAM PRODUCTS, INC. for damages,

9 interest and for costs as follows:

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Based on the jury’s verdict, IT IS ORDERED AND ADJUDGED that

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12 judgment

shall be entered in favor of Plaintiff KENNETH AARON

13 SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum

14 of seven million nine hundred and ninety six thousand dollars and zero cents

15 ($7,996,000.00) with interest thereon at the legal rate until paid together with

16 costs and disbursements in the sum of $_______________.

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Based on the jury’s verdict, IT IS ORDERED AND ADJUDGED that

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19 judgment

shall be entered in favor of Plaintiff ADDISON LEILANI

20 SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum

21 of twelve million four hundred and seventy six thousand dollars and zero cents

22 ($12,476,000.00) with interest thereon at the legal rate until paid together with

23 costs and disbursements in the sum of $_______________.

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Judgment on Special Verdict - Page 7

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Based on the jury’s verdict, IT IS ORDERED AND ADJUDGED that

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shall be entered in favor of

Plaintiff ALEXIA CELESTE

3 SHINEDLING and against Defendant SUNBEAM PRODUCTS, INC. in the sum

4 of twelve million eight hundred and eighty four thousand dollars and zero cents

5 ($12,884,000.00) with interest thereon at the legal rate until paid together with

6 costs and disbursements in the sum of $_______________.

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Based on the jury’s verdict, IT IS ORDERED AND ADJUDGED that

9 judgment shall be entered in favor of Plaintiff AVA AREN SHINEDLING and

10 against Defendant SUNBEAM PRODUCTS, INC. in the sum of thirteen million

11 five hundred and sixty four thousand dollars and zero cents ($13,564,000.00)

12 with interest thereon at the legal rate until paid together with costs and

13 disbursements in the sum of $_______________.

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17 DATED: June 30, 2015

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JUDGE CORMAC J. CARNEY

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Judgment on Special Verdict - Page 8