Date: 12-23-2002

Case Style: Bailey v. Arnold Group, Inc.

Case Number: 99-04011

Judge: DelRicci

Court: Court of Common Pleas, Montgomery County, Pennsylvania

Plaintiff's Attorney:

John A. Dalimonte, and Jonathan A. Karon of Karon & Dalimonte, Boston, Massachusetts and James R. Freeman, Phoenixville, Pennsylvania

Defendant's Attorney: Unavailable

Description: Products liability claim by a go-kart driver whose scalp was ripped from her head when her hair became entangled in the vehicle's rear axle. The claimed that the go-cart was defective and unreasonably dangerous because the axle was not guarded as required by industry standards and state regulations governing amusement rides.

Plaintiff, age 33, incurred $159,000 in medical bills and was off work for 13 months as a result of her injuries. She was earning $18,000 a year as a sales clerk before she was injuried.

Plaintiff sought compensation from the manufacturer of the kart, the manufacturer of the motor on the kart, the operator of the track where she was injured, the president of the track, the safety consultant hired by the track who was to arrange for a certification of the kart as required by industry standards and Pennsylvania law and the inspector. Plaintiff's claims were based on products liability, negligence and gross negligence and she sought compensatory and punitive damages.

Outcome: Settled with the track operator for $1.7 million, the manufacturer of the motor for $500,000 and the safety consultant for $500,000.00.

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: Reported by John A. Dalimonte