Case details

Puddle from leaking product caused fall, plaintiff claimed

SUMMARY

$2000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
injury, rotator cuff, shoulder, tear
FACTS
On June 5, 2010, plaintiff Daniel Jacobson, a Culligan International Co. salesman in his 40s, was selling products at a sales table at the Santa Fe County Fairgrounds when he slipped and fell in a puddle of water, his right shoulder. Jacobson sued Warren E. Rutherford Co., the manufacturer of mystery faucets and specialized flowing water displays, such as a floating tap fountain that gives the illusion of a faucet mysteriously hovering over a container while endlessly pouring water. Jacobson alleged that a Warren E. Rutherford Co. “Mystery Faucet” was part of the Culligan International display table that he was working at, but that the defendant defectively designed the product. He claimed that as a result, the faucet display leaked and caused the puddle that he slipped and fell in. Warren E. Rutherford Co., which appeared in pro per, disputed liability, claiming that there was no defect with its Mystery Faucet product., Jacobson went to a Kaiser Permanente urgent care center on the date of the accident. He was diagnosed with a torn rotator cuff in his right shoulder, for which he underwent arthroscopic surgery on Aug. 27, 2010. He then followed up with six months of physical therapy. Jacobson claimed he made a good recovery from his surgery, with only some minor residual pain. His medical bills were covered by worker’s compensation insurance, so he only sought recovery of damages for his pain and suffering. The defendant claimed that Jacobson made a good recovery from his injury and disputed his pain-and-suffering claim.
COURT
Superior Court of Santa Clara County, San Jose, CA

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