Case details

Manufacturer: No prior fires or sparks caused by trimmer

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Sept. 2, 2010, plaintiffs’ decedent Ishan Bose-Pain, 15, was shaving himself with a Wahl Groomsman Beard and Mustache Trimmer in a bathroom at his family residence in Los Angeles, when his face and torso caught fire. He was rushed to a hospital, but his led to an infection and lung failure, resulting in his death on Sept. 13, 2010. Ishan’s parents, Shonali Bose and Bedabrata Pain, sued the manufacturer of the beard and mustache trimmer, Wahl Clipper Corp., and the seller of the trimmer, Target Corp. They alleged that the defendants were liable for the defective product, which caused their son’s wrongful death. Target was dismissed from the case prior to trial in exchange for a waiver of costs. Thus, the matter proceeded to trial against Wahl only on the claims of a design defect. Plaintiffs’ counsel contended that the fire started as a result of a spark from the trimmer, which caused rubbing alcohol fumes to ignite. Counsel also contended that every other cause of possible ignition in the bathroom was eliminated, as no plugs were left unplugged, there were no smokers in the house, and there were no lighters or matches at the home. Plaintiffs’ counsel also presented the trimmer with the teeth missing and interference marks typically found when two pieces of metal strike against one another as evidence of the ignition. Thus, the plaintiff’s mechanical engineering expert opined that the teeth were missing because they sheared off, causing a mechanical spark that in turn ignited the isopropyl alcohol vapors, or interference and/or friction between the two blades caused the spark. Wahl’s counsel contended that its product was not defective, and that no prior fires or sparks were caused by any of its trimmers. Counsel also contended that the cause of the fire was undetermined and that there were a number of possible causes of the fire. In addition, defense counsel contended that the plaintiffs had not proven or tested their hypothesis or otherwise shown that their hypothesis was the most probable cause. Thus, defense counsel argued that the plaintiff’s expert never expressed whether he considered the alleged issue with the trimmer to be a manufacturing or design defect, nor did he otherwise explain why the beard trimmer was allegedly defectively designed or manufactured. As a result, defense counsel moved for judgment as a matter of law before the case went to the jury. However, the motion was denied by the court because it believed the jury could infer either a manufacturing or design defect from the testimony that was elicited from the expert., Ishan sustained third-degree burns to 65 percent of his body, including his chest, back, arms, neck, nose and mouth, as well as his groin area. He was subsequently taken to a hospital, where physicians tried multiple skin grafts, as well as debridement to extract burned and dead tissue and muscle. However, Ishan died 11 days later, on Sept. 13, 2010, due to lung failure that was caused by an infection he suffered during his hospitalization. Ishan’s parents sought recovery of damages for the loss of love, affection and support; medical expenses; and funeral and burial expenses. Mrs. Bose also sought recovery of damages for the negligent infliction of emotional distress, as she witnessed her son on fire. Thus, plaintiffs’ counsel asked the jury to award Ishan’s parents $10 million.
COURT
United States District Court, Central District, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case