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$________ Premises Liability/Product Liability - Permanent injury to eye suffered by minor while playing with "Tee Ball" set - Injury occurred at home of neighbor, also named as a defendant.

Ramsey County, Minnesota

This lawsuit arose out of an accident involving two minor children, which occurred while they were playing with a Tee-ball set that the defendant premises owner had purchased at the defendant Toys-R-Us several years earlier. The minor female plaintiff suffered permanent injury to her eye when she was struck in the eye by the tee ball stake, which the children had placed in the ground, rather than in the stand which came with the product. The defendants in the case were MacGregor Sports, the company which manufactured the product, and Toys-R-Us, the seller of the product. Also named as a defendant were the owners of the premises where the accident occurred.

The minor plaintiff was age 7 years old at the time of the subject accident. The plaintiff was playing with the defendant homeowners’ eight-year-old son and the two children were using the subject Tee-ball set, which had been purchased several years prior at the defendant Toys-R-Us. The product consisted of a ball attached to a stretchable bungee-type cord that was fastened to a stake. When used as intended, the stake was to be inserted into a base that sat on the ground. At the time of the accident, the children had not placed the stake in the base, but had merely inserted the stake into the ground. They then pitched the ball to one another by stretching the cord and then letting go of the tension, causing the ball to hurl in the direction it was pointed. At the time of the accident, the stake suddenly came loose as the ball was propelled forward, striking the minor plaintiff in the eye.

The plaintiff suffered permanent loss of her central vision in the affected eye as a direct result of the trauma. The plaintiff proceeded against the defendants manufacturer and seller on theories of failure to warn and strict products liability defective design. The plaintiff additionally contended that the defendant homeowner’s were negligent in failing to properly supervise the children and in allowing the product to be misused.

@TITLEHD = DEFENDANTS’ CONTENTIONS The defendant MacGregor Sports, which had gone out of business and had filed for bankruptcy prior to the accident, failed to appear. The defendant Toys-R-Us denied liability, alleging that the product was misused in an obviously unsafe manner. The defendant premises owners denied negligence and maintained that p 7 3 the children were properly supervised.

The case settled prior to trial with Toys-R-Us contributing the bulk of the cash payment of $________.

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