Case details
City claimed swing set was defective
SUMMARY
$40000
Amount
Settlement
Result type
Not present
Ruling
KEYWORDS
arm, disfigurement, scar
FACTS
In June 2010, plaintiff Anahit Allakhverdian, 11, a student, was pushing a younger student on a swing during a school field trip at Verdugo Park, located at 1621 Canada Boulevard in Glendale, when a broken metal strap jabbed into her forearm. Anahit’s mother, Armenouhi Ghourgoian, acting as her guardian ad litem, sued the city of Glendale for creating a dangerous condition by failing to maintain, inspect and replace the broken swing set. The city subsequently sued the swing’s manufacturer, American Swing Product Inc.; Anahit’s school, Arshag Dickranian Armenian School; and Anahit’s mother, Ghourgoian, seeking indemnification. The city denied liability and claimed that American Swing contributed to the accident due to a manufacturing defect with the swing. It noted that the swing at issue was purchased along with a group of swings from the same lot, and stored for later use and installation as needed. The city claimed that it then installed the swing at issue less than one year before the accident and that its premature wear gave rise to a theory that the product was defective. The city also claimed that the school and Ghourgoian negligently supervised the children who attended the field trip, including Anahit. It alleged that Ghourgoian allowed Anahit to use the swing, even though they both knew the swing was broken. American Swing and Anahit’s school both contended that the city failed to maintain the park., Anahit sustained a laceration that was approximately five inches long on her forearm. She claimed the injury left her with a permanent scar, and long-lasting mental and physical pain.
COURT
Superior Court of Los Angeles County, Glendale, CA
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