Date: 03-05-2002

Case Style: Uxa v. Cosco, et al.

Case Number: Unknown

Judge: Donald McCullin

Court: Circuit Court, City of St. Louis, Missouri

Plaintiff's Attorney: Thomas J. McGee of Moser and Marsalek, P.C., St. Louis, Missouri

Defendant's Attorney: Daniel Rabbitt of Rabbitt Pitzer & Snodgrass, P.C., St. Louis, Missouri for Dorel Juvenile Group, Inc. (Cosco) and Cheryl Callis of Kortenhof & Ely, St. Louis, Missouri

Description: Products liability - Cosco high-back booster seat - brain damage. Benjamin Uxa suffered brain damage when his head hit the inside of a door of the car in which he was a passenger was hit by a drunk driver. Benjamin was seated in a Cosco high-back booster seat which his family claimed was defective and contributed to his injuries. He sustained brain damage as a result of his head hitting the door.

Cosco, now owned by Dorel, Inc., Quebec, Canada, denied that the seat was defective and claimed the crash was so severe that no seat could have prevented the injuries.

Outcome: Plaintiffs' verdict for $10.5 million.

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: Cosco offered $500,000 to settle the plaintiffs' claim before trial.