Case details

Parents claimed defective dresser caused infant’s death

SUMMARY

$1000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
asphyxia, death, loss of consortium, pulmonary, respiratory
FACTS
On May 23, 2011, plaintiffs’ decedent Carter Rose Rautiainen, a 20-month-old infant, was found dead in her bedroom of her family’s Camarillo home, underneath a four-drawer dresser that had come down on top of her, causing asphyxiation. According to her mother, the infant had been placed down for a nap and was lying on the floor when incident occurred. The decedent’s parents, Genevieve and Evan Rautiainen, sued the designer and manufacturer of the “Emily” model dresser, Bexco Enterprises Inc., which was doing business as Million Dollar Baby and Million Dollar Baby International Inc.; and the retailer that sold the dresser, Lippman Enterprises, which was doing business as Baby Town. The infant’s parents alleged that Bexco Enterprises defectively designed the “Emily” dresser to tip over, and that its negligence caused Carter’s wrongful death. Lippman Enterprises was later dismissed from the action. Plaintiffs’ counsel asserted that the subject dresser — part of a Million Dollar Baby three-piece set that also included a crib and changing table — was defectively designed. The Rautiainens claimed the dresser tipped over due to poor weight distribution and fell on top of their infant as she lay on the ground. Plaintiffs’ counsel contended that the dresser did not have restraints that were required by the industry standard. The Rautiainens claimed the Emily dresser was advertised as “tip-proof,” and that they used a similar Million Dollar Baby dresser for their older son, which was more stable than the Emily, but still below the industry standard. On Jan. 30, 2013, the United States Consumer Products Safety Commission announced a voluntary recall of the Emily dresser. Bexco Enterprises claimed that the subject Emily Dresser was not defective, and that the dresser was tested and certified to the existing voluntary standards that were in effect at the time of the purchase. It claimed that regulations, which came into effect after the subject purchase, included a requirement that the dresser include a “tip-kit,” and that only the dressers equipped with the “tip-kit,” which consisted of wall anchor straps to fasten the dresser to the wall, were later advertised as tip-proof once anchored to the wall. Defense counsel contended that Ms. Rautiainen was comparatively at fault for leaving her infant unattended for several hours, during which time the infant climbed out of the crib. Counsel further contended it was unclear whether the infant opened the drawers and climbed into them, causing the dresser to be off balance and tip., A four-drawer dresser fell on top of Carter and asphyxiated her. She was 20 months old at the time of her death. Carter was survived by her parents and older brother. Carter’s parents sought recovery of wrongful death damages for the loss of their daughter’s love, companionship, comfort and affection, as well as for funeral and burial expenses.
COURT
Superior Court of Los Angeles County, Van Nuys, CA

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