Thursday, October 25, 2012

Verdict Survey: Jeans in Anderson County

This week's verdict survey involves jeans in Anderson County.  I grew up in Anderson County and have fond memories of it.  I am a proud graduate of T.L. Hanna High School, and I tell people that my only "claim to fame" is that I know Radio and Coach Harold Jones personally.  I even ran track with Radio, and Coach Jones was my track coach.  (Radio always "managed" the football team in the fall, and he ran track in the spring...100m and 200m).  If you are not familiar with these characters, watch the movie.  (My wife hates it when this movie up comes up in conversation because I remind her, "I don't have to watch the movie babe...I lived it"...(looking off in the distance dramatically)).

Capsule Summary: On August 26, 2004, an Anderson County jury returned a defense verdict in a case involving jeans that caught on fire and burned a fourteen-year-old male. 

Case Information: Deborah L. Henderson, Individually and as Guardian ad Litem for Travis Henderson, a Minor, et al v. Tommy Hilfiger Corp. and Dillards, Inc., Case No. 2002-CP-04-2063

Date of Verdict: August 26, 2004

Venue: Anderson County Court of Common Pleas

Judge: J. Cordell Maddox, Jr.

Factual Background: A fourteen-year-old male was setting off fireworks when the jeans he was wearing caught on fire.  The jeans were manufactured by Defendant Tommy Hilfiger Corp. and purchased from Defendant Dillards, Inc.

Allegations and Procedure:  Plaintiff brought a products liability lawsuit against Defendants in which she alleged the jeans were defectively manufactured, contained flammable materials, and were unreasonably dangerous.  Defendants argued that the boy was responsible for his own injuries since he was playing with fireworks.

Experts: Plaintiffs retained Meyer Rosen, a chemical consultant from East Norwich, New York.

Alleged Damages: The minor alleged second degree burns to the lower extremities.  He claimed permanent scarring to his right thigh and past medical expenses of $1,758.

Disposition: After two hours of deliberation, the jury returned a defense verdict.

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