After an aerosol paint can exploded and seriously scarred the Knabes both physically and mentally, they sued the manufacturer. Shortly before trial, plaintiffs were still demanding $10 million while defendant denied liability. The parties tried to mediate but could not bridge the multimillion dollar gap, so the defense brought in Patton and Ryan to try the case.
Only a few weeks before trial, Patton & Ryan was dropped into a products liability case resulting from the explosion of a can of aerosol spray paint. The Plaintiffs in the case had been demanding nearly $10 million and mediation had not been successful. On October 9, 2001, Laura Knabe and her two small children went into their basement to get Halloween decorations. Suddenly, a spray can fell off a shelf, ruptured and spun wildly while spraying paint vapors everywhere. A nearby pilot for the water heater ignited a fireball that severely burned Alexandra, age 7, and Nicholas, age 3. Laura with her son in her arms ran outside suffering burns in the process. Meanwhile, Alexandra saved her sleeping two month old sister upstairs and earned the Girl Scout Lifesaving Medal.
Alexandra suffered 3rd degree burns causing significant permanent scarring on her left calf, thigh and hip. She was admitted to two different hospitals and underwent extensive treatment including numerous skin grafts and debridements. Future plastic surgery is required to reduce the scarring near her ankle. She is embarrassed by her condition and has received psychological treatment. Nicholas suffered burns to his face and both arms. He also underwent extensive and aggressive treatment. He has permanent scarring on both arms and a discoloration on his face. Laura Knabe suffered minor burns but was prevented from returning to work due to her injuries and the increased caretaking responsibilities caring for her children.
At an early date, plaintiffs thought about their case and aggressively preserved damages evidence. They promptly retained counsel who began collecting evidence. Plaintiff’s counsel and experts were on the scene and in the hospitals, immediately taking pictures. Not only did they photograph the burns but also the debridement and surgical treatment. This captured heart wrenching footage of agony and the children’s intensely painful ordeal.
Plaintiffs’ expert conducted numerous tests to show how easy the cans were to puncture. Tapes of this testing also showed how the fumes could ignite and essentially gave plaintiffs a reenactment. Numerous dropC tests of the aerosol cans revealed how falls from even low heights could puncture a can. When the defense called upon Patton & Ryan there was no evidence to challenge plaintiffs’ video proof of defendant’s cans’ vulnerability to punctures from such benign falls. The defense expert even had to admit that a falling can could rupture. While he believed a fall did not cause the subject explosion, he had no test or other proof to support much less confirm his opinion. The defense was in a bind.
Patton & Ryan quickly recognized the glaring, and sharp contrast between the weakly supported defense expert and the extensive workup behind plaintiffs’ theories. The trial team, led by John Patton and Michael Vranicar, began aggressively challenging the Plaintiff on multiple fronts. By leveraging technology, Patton & Ryan was able to conduct depositions in three states over a relatively short time period while controlling costs at an acceptable level.
Although trial was only weeks away, the defense was able to re-depose Plaintiff’s experts and conduct additional discovery. Armed with investigation and research, they vigorously attacked plaintiffs’ expert’s opinions and qualifications. Testimony in different cases and consultation with other experts provided fertile ground for new lines of cross examination. New research into the effect on plaintiffs’ lives, uncovered evidence that Alexandra continues to play soccer and excel at school despite her claimed emotional trauma. She graduated from middle school with honorable mention and had been on the student council. In high school she is a varsity starter in girl’s soccer.
New interviews with witnesses uncovered helpful information about claims of similar incidents. Contacting former employees for the fi rst time produced cooperative witnesses with valuable testimony. Further, we were able to thwart all efforts by plaintiffs to turn the witnesses against us. The newly aggressive defense brought plaintiffs back to the table for successful negotiations on behalf of our clients. While the resulting settlement is confidential, it was very favorable to our client. Plaintiffs even relented and gave in to our request for settlement confidentiality.