Case details

Clothing manufacturer claimed shirt met flammability standards

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Jan. 30, 2005, plaintiff Jesus Romero, 7, and his brother, Marcos Romero, 6, were playing with a cigarette lighter outside of their family home in San Ysidro, a district of the city of San Diego. Jesus was allegedly wearing a Ralph Lauren brand shirt, which was allegedly manufactured by RL Childrenswear Co., LLC and its affiliates, and which was allegedly purchased from a Macy’s store in April 2004. At one point, Jesus was holding a weed while Marcos lit the weed on fire. However, when the flame approached Jesus’s fingers, he dropped the weed onto his shirt, which immediately caught fire and burst into flames. As a result, Jesus sustained to his chest, stomach and right arm. Jesus’ mother, Merida Ramos, acting as her son’s guardian ad litem, sued Ralph Lauren Corp.; Macy’s Inc.; Macy’s West Inc.; RL Childrenswear Co., LLC; and RL Childrenswear’s affiliates, S. Schwab Co. Inc., Sylvia Company, LLC, CUNY Associates, LLC, and LM Services, LLC. Jesus’ mother also sued Tadd Schwab, Samuel Schwab, Douglas Schwab, and Amy Owens, who were alleged to be the primary owners, officer, member and directors of RL Childrenswear and its affiliates. Macy’s Inc., Macy’s West Inc., and Ralph Lauren Corp. ultimately settled out of the case, and the individual defendants were dismissed from the case on a motion for summary judgment. Thus, the matter moved forward only against the shirt’s manufacturers, RL Childrenswear and its affiliates. Jesus’ mother claimed that she always checked the labels and bought 100-percent cotton clothing for her family and that on the day of the incident, Jesus was wearing a boys’, short-sleeved, Ralph Lauren, red-and-white, gingham, button-down, dress shirt. However, Jesus’ family claimed that the shirt “ignited so quickly and burned so intensely that there was no opportunity to quell the fire and avoid the grievous [that Jesus] suffered.” Thus, plaintiff’s counsel argued that RL Childrenswear and its affiliates were negligent in the defective design and manufacturing of Jesus’ shirt and that the manufacturers’ actions constituted a breach of the express warranty. Specifically, counsel argued that the subject shirt was defective because it was not 100 percent cotton, as stated on the label, and because the blend of fibers in the shirt increased the risk of a severe injury. The plaintiff’s experts testified that the subject shirt was not 100 percent cotton, but was made up of 90 percent cotton, five percent nylon, and five percent rayon. They opined that the combination of material in the shirt made it dangerously flammable, as it burned hotter and faster than 100 percent cotton. Plaintiff’s counsel argued that while RL Childrenswear and/or its affiliates may have manufactured the garment according to normal federal flammability standards, the companies should have been required to meet the stricter federal standard for children’s sleepwear. Defense counsel argued that the manufacturing process of RL Childrenswear and its affiliates was not negligent because their shirts were manufactured in accordance with government flammability standards. Counsel also noted that the remains of the subject shirt had no labels or tags to identify the manufacturer, serial number, or the country of origin of the fabric. Thus, defense counsel disputed the plaintiff’s contention that the shirt was not 100 percent cotton and denied that RL Childrenswear and/or its affiliates manufactured the subject shirt., Jesus suffered second and third degree burns to about 25 percent of his body, mainly to the chest, stomach and right arm pit region. After the family put out the flames, Jesus was in “excruciating pain” and a 9-1-1 operator provided instructions on how to treat Jesus’ burnt skin. Jesus was subsequently hospitalized for at least two weeks and underwent multiple skin grafts to treat his severe burns. After being discharged from the hospital, Jesus underwent months of rehabilitation therapy and laser treatments. Plaintiff’s counsel contended that Jesus’ were physically crippling, which left Jesus with emotionally debilitating permanent scars and physical deformities. Counsel presented graphic photos of Jesus’ burn and scars, and contended that the disfiguring scars that cover Jesus’ entire right torso area will never be eliminated. Plaintiff’s counsel further contended that although Jesus’ condition has improved, he will never experience the full functionality and range of motion of his right arm. In addition, counsel contended that Jesus will never regain full sensitivity and sensation in the areas of the scars. Jesus and his family testified about the deep, emotional impact the incident and resulting scars had, and will have, on Jesus’ life. Thus, during closing arguments, plaintiff’s counsel asked the jury to award Jesus over $10 million in damages, including approximately $140,000 in past medical expenses, $300,000 per year for past noneconomic damages over 12 years, and $100,000 per year for future noneconomic damages over 58 years. Counsel also asked the jury to award punitive damages above and beyond $10 million. Jesus’ brother, Marcos Romero, then 6, and sister, Perla Romero, then 4, initially presented derivative claims based on their alleged emotional distress. Defense counsel acknowledged the severity of Jesus’ burn , but argued that punitive damages were unwarranted. Counsel further argued that if the jury found liability against RL Childrenswear and/or its affiliates, it should award less than $500,000 in total damages.
COURT
United States District Court, Southern District, San Diego, CA

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