Case details
Defense: Man’s handling of deep fryer caused burns
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
arm, burns, disfigurement, forearm, nerve damage, neurological, neuropathy, right hand, scar
FACTS
On May 15, 2012, plaintiff Myers Monigan, 43, a carpet cleaner, picked up a FryDaddy Junior electric deep fryer, which his wife, plaintiff Georgia Monigan, used earlier in the day to make French fries. Mr. Monigan claimed that while moving the fryer by the handle, hot oil spilled out of the basket and onto his right hand and forearm, burning him. The Monigans sued the manufacturer of the FryDaddy Junior, National Presto Industries Inc., and the retailer that sold the product, Wal-Mart Stores Inc. The Monigans alleged that National Presto was liable for the defective design of the product and that Wal-Mart was generally negligent. Mr. Monigan contended that he entered his kitchen — which was dark due to a broken light — and mistook the deep fryer for a pot. He claimed that when he attempted to move it by the handle, the fryer jerked because the power cord was still plugged in, causing hot oil to spill onto his arm. Plaintiffs’ counsel argued that the FryDaddy Junior electric deep fryer was defective for not having a light to indicate it was on. Mr. Monigan claimed that had a light been on, he would have known not to pick up the fryer handle, which would have prevented the incident. Defense counsel contended that the FryDaddy Junior was reasonably safe for its intended use and that the electric deep fryer was not defective in its design. Thus, counsel argued that the sole proximate cause of the incident was Mr. Monigan’s own negligence and that Mr. Monigan’s version of what happened was not credible., Mr. Monigan was taken by ambulance to an emergency room, where he was diagnosed with third-degree burns to his right forearm. His burns were subsequently debrided and treated topically. Mr. Monigan claimed he has permanent scarring, discoloration and hyperpigmentation to his forearm from the burns. He also claimed he suffers ongoing neuropathic pain (or chronic pain resulting from an injury to the nervous system) and weakness. Thus, Mr. Monigan sought recovery of approximately $13,000 in past medical costs. He also sought recovery of $50,000 in damages for his past pain and suffering, and $150,000 in damages for his future pain and suffering. His wife, Mrs. Monigan, sought recovery of $100,000 for her loss of consortium. Defense counsel argued that Mr. Monigan only suffered first to second degree burns and that the burns healed in six weeks, with no residual injury.
COURT
United States District Court, Northern District, San Francisco, CA
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