Question

While on vacation at a beach resort, Ronald placed his fifteen-month-old son in a playpen then left the room for a few minutes. When he returned, the child was lifeless. Ronald called 911, but efforts to revive his son failed. An examination revealed that a toy block had lodged in the boy’s throat, causing him to choke. The block was part of a play set manufactured by Funtime Toys. There was no warning on the box containing the toy blocks stating that it posed a choking hazard. Ronald sues Funtime Toys for $1,000,000 for the wrongful death of his son, alleging that the company was negligent for failing to warn of the choking hazard. Funtime Toys files a motion for summary judgment, claiming that the danger of a young child choking on a small block was obvious and no warning was necessary.

1. Funtime Toys is incorporated in New York and has its corporate headquarters there. Ronald is a resident of Maine. His child’s choking death occurred in Florida. What courts would be proper places for Ronald to file his lawsuit? What factors make each court a proper place for the case to be heard?

2.Ronald’s attorney wants to know how many toy block play sets Funtime Toys sold during the three years prior to the choking death of Ronald’s son. Name and describe two discovery tools the attorney might use to obtain this information from Funtime Toys. Why is each a good option for obtaining the sales figures?

3. Assume that Ronald’s child had the block in his mouth when Ronald returned to the room, but he did not choke on it. Could Ronald still sue Funtime Toys for failure to warn about the choking hazard? Explain your answer.

Answer 1

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