Case details

Defense argued parents failed to watch child at security station

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On the morning of Feb. 3, 2011, plaintiffs William Jones and Eternitie Sullivan, accompanied by their 18-month-old son, plaintiff William Jaylin Jones, went to Van Nuys Courthouse West to dispute a traffic citation. While going through security, Jones and Sullivan were asked to remove their son from his stroller so that the item could be scanned. At some point, the child walked to a nearby descending escalator and began climbing up it. As a result, the child’s right index finger became snagged in the escalator, resulting in a traumatic amputation of the finger at the middle phalanx (knuckle). Jones and Sullivan, acting individually and on behalf of their son, William, sued the county of Los Angeles, as well as other associated entities, including the manufacturers of the escalator. However, the other parties were never served, and the matter proceeded to trial against the county only. The county subsequently filed a third-party claim against the Superior Court of California, County of Los Angeles. However, the third-party claim ultimately settled during trial for an undisclosed amount. Counsel for Jones and Sullivan contended that the security personnel at the courthouse failed to act accordingly and prevent the incident, in that the child should not have been able to stray from the security station when he was removed from the stroller. Counsel further contended that the courthouse lobby was configured improperly, in that the security station was too close in proximity to the escalator. The county’s counsel argued that the parents, Jones and Sullivan, were negligent since they were responsible for the custody and control of their child when they arrived at the security station. Counsel further argued that the proximity of the escalator to the security station did not violate any building code or safety regulation., The 18-month-old child, William Jaylin Jones, suffered a traumatic amputation of his right index finger at the middle phalanx. His parents claimed that although William is missing part of his finger, he made a good recovery and recovered mostly normal use of his hand. Jones and Sullivan sought recovery of roughly $5,000 for Williams’ medical costs, and an unspecified amount of damages for the child’s pain and suffering. The parents also sought recovery of damages for the county’s alleged negligent infliction of emotional distress. The county’s counsel contended that the child made a good recovery and did not experience any prolonged pain and suffering.
COURT
Superior Court of Orange County, Santa Ana, CA

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