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$________ CONFIDENTIAL – Product Liability – Defective or dangerous product – Breach of Warranty – Minor plaintiff is severely injured following use of recreational product – Brain injury.

Withheld County, MA

In this product liability matter, the plaintiff minor alleged that the defendant manufacturer was negligent with regard to its recreation product that caused the plaintiff injury. As a result of the defendant’s negligence, the plaintiff suffered a brain injury. The defendant manufacturer denied liability and asserted that the plaintiff was the one who was negligent and caused her own injuries and damages.

The nine-year-old female minor plaintiff was using a recreational product manufactured by the defendant. During the use of the product, the plaintiff was severely injured and was diagnosed with a brain injury. The plaintiff brought suit, alleging that the defendant manufacturer was negligent for its breach of warranty and negligence. The plaintiff’s mother brought a claim for loss of consortium. The details are subject to a confidentiality agreement.

The defendant manufacturer denied the allegations of negligence, and disputed any liability to the plaintiff. The defendant argued that the minor plaintiff was misusing the product, and the plaintiff’s own negligence was the sole cause of her injuries and damages. The defendant also disputed the nature and extent of the plaintiff’s injuries and damages.The parties agreed to resolve the plaintiff’s claims for the sum of $________ in a confidential settlement between the parties following the pre-trial hearing in this matter.

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