This case was last updated from Los Angeles County Superior Courts on 05/17/2022 at 05:19:19 (UTC).

JAKE THOMAS WHITE VS FISHER-PRICE, INC., ET AL.

Case Summary

In their complaint, the Plaintiffs alleged that “the Rock ‘n Play was, and is, a defective and inherently unsafe product unfit for its intended use which has caused numerous deaths and injuries throughout the United States, including infant Jake White’s death, because: (1) its shape and incline cause infants to move themselves into a position in which they are unable to breathe against the padded surface of the Rock ‘n Play, and inhibits them from returning to a safe position; and (2) the degree of the incline of the sleep environment causes infants’ heads to pitch at angles which impair breathing and increase the risk of neck and head injuries.”

The Plaintiffs further alleged that “in marketing the Rock ‘n Play as a safe sleep device, the Defendants emphasize the product’s angled and seated positioning and soft backing and padding. These representations misled consumers into believing that those features contributed to the safety of the Rock n Play. Infact, those features of the product’s design rendered the product dangerous” and that “rather than heed the foregoing information and warning, Fisher-Price and Mattel actively resisted any constraints on their sales of the Rock ‘n Play or the profits they would make from those sales.”

Plaintiffs go on to allege that “ through their participation in the standards-setting process, Fisher-Price and Mattel learned of injuries from infant inclined sleep products, including the Rock ‘n Play. In an April 7, 2017 announcement regarding proposed rulemaking for standards applicable to infant inclined sleep products, the CPSC detailed hundreds of injuries that it had discovered or that had been reported to it between January 1, 2005 and September 30, 2016, relating to inclined sleep products such as Rock ‘n Play. The CPSE stated that it was aware of 657 incidents, including 14 fatal incidents, related to inclined sleep products” but “Fisher-Price and Mattel still have never recanted their damaging statements that the Rock ‘n Play is safe, nor have they undertaken any meaningful efforts to educate the public regarding the dangers of the Rock ‘n Play.”

There are fourteen causes of actions laid down by the Plaintiffs, for strict liability relating to defective design, negligent design, strict liability relating to failure to warn, negligence, gross negligence, breach of express warranty, breach of implied warranty of merchantability, breach of implied warranty of fitness for a particular purpose, fraudulent concealment, fraud relating to intentional misrepresentation, negligent misrepresentation, negligent infliction of emotional distress, wrongful death under Utah Court Section 78B-3-102 and 78B-3-106 and loss of filial consortium, respectively. 

In their prayer for relief, the Plaintiffs requested the court to pass an order for an award of damages according to proof, punitive and/or exemplary damages for each cause of action separately,  restitution according to proof and costs of litigation.

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6061

  • Filing Date:

    02/11/2021

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Other Product Liability

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ELIHU M. BERLE

ANN I. JONES

 

Party Details

Plaintiffs

WHITE JAKE THOMAS

WHITE KIMBERLY

Defendants

FISHER-PRICE INC.

MATTEL INC.

Attorney/Law Firm Details

Plaintiff Attorney

PITOUN CHRISTOPHER R.

Defendant Attorneys

CACHAN MANUEL FRANCISCO

GUTIERREZ SUSAN L

TOCICKI ALYSON CLAIRE

WILLIAMS BART HARPER

 

Court Documents

Request for Dismissal

8/10/2021: Request for Dismissal

Notice of Entry of Dismissal and Proof of Service

8/26/2021: Notice of Entry of Dismissal and Proof of Service

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

7/19/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Answer - DEFENDANTS FISHER-PRICE, INC. AND MATTEL, INC.'S ANSWER TO PLAINTIFFS' UNVERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

6/4/2021: Answer - DEFENDANTS FISHER-PRICE, INC. AND MATTEL, INC.'S ANSWER TO PLAINTIFFS' UNVERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC); STATUS CONFERENCE)

6/3/2021: Minute Order - MINUTE ORDER (INFORMAL DISCOVERY CONFERENCE (IDC); STATUS CONFERENCE)

Minute Order - MINUTE ORDER (INITIAL STATUS CONFERENCE)

5/5/2021: Minute Order - MINUTE ORDER (INITIAL STATUS CONFERENCE)

Status Conference Statement - JOINT INITIAL STATUS CONFERENCE STATEMENT

4/28/2021: Status Conference Statement - JOINT INITIAL STATUS CONFERENCE STATEMENT

Proof of Personal Service - PROOF OF SERVICE OF SUMMONS

3/9/2021: Proof of Personal Service - PROOF OF SERVICE OF SUMMONS

Proof of Personal Service - PROOF OF SERVICE OF SUMMONS

3/9/2021: Proof of Personal Service - PROOF OF SERVICE OF SUMMONS

Notice - DEFENDANTS' NOTICE OF PAYMENT OF COMPLEX CASE FEE

3/10/2021: Notice - DEFENDANTS' NOTICE OF PAYMENT OF COMPLEX CASE FEE

Proof of Service (not Summons and Complaint) - PROOF OF ELECTRONIC SERVICE

3/17/2021: Proof of Service (not Summons and Complaint) - PROOF OF ELECTRONIC SERVICE

Summons - SUMMONS ON COMPLAINT

2/25/2021: Summons - SUMMONS ON COMPLAINT

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE. COMPLEX DETERMIANTION;) OF 03/01/2021

3/1/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE. COMPLEX DETERMIANTION;) OF 03/01/2021

Minute Order - MINUTE ORDER (COURT ORDER RE. COMPLEX DETERMIANTION;)

3/1/2021: Minute Order - MINUTE ORDER (COURT ORDER RE. COMPLEX DETERMIANTION;)

Initial Status Conference Order

3/3/2021: Initial Status Conference Order

Minute Order - MINUTE ORDER (COURT ORDER)

3/3/2021: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (COURT ORDER)

3/3/2021: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/03/2021

3/3/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 03/03/2021

10 More Documents Available
View All Documents

 

Docket Entries

  • 09/20/2021
  • Docketat 1:30 PM in Department 6, Elihu M. Berle, Presiding; Status Conference - Not Held - Vacated by Court

    [+] Read More [-] Read Less
  • 08/26/2021
  • DocketNotice of Entry of Dismissal and Proof of Service; Filed by Jake Thomas White (Plaintiff)

    [+] Read More [-] Read Less
  • 08/10/2021
  • DocketRequest for Dismissal; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

    [+] Read More [-] Read Less
  • 07/19/2021
  • Docketat 11:00 AM in Department 6, Elihu M. Berle, Presiding; Status Conference - Held

    [+] Read More [-] Read Less
  • 07/19/2021
  • DocketMinute Order ( (Status Conference)); Filed by Clerk

    [+] Read More [-] Read Less
  • 06/04/2021
  • DocketDefendants Fisher-Price, INC. and Mattel, INC.'s Answer to Plaintiffs' unverified complaint and Demand for Jury Trial; Filed by Fisher-Price, Inc. (Defendant); Mattel, Inc. (Defendant)

    [+] Read More [-] Read Less
  • 06/03/2021
  • Docketat 1:30 PM in Department 6, Elihu M. Berle, Presiding; Informal Discovery Conference (IDC) - Held

    [+] Read More [-] Read Less
  • 06/03/2021
  • Docketat 1:30 PM in Department 6, Elihu M. Berle, Presiding; Status Conference - Held

    [+] Read More [-] Read Less
  • 06/03/2021
  • DocketMinute Order ( (Informal Discovery Conference (IDC); Status Conference)); Filed by Clerk

    [+] Read More [-] Read Less
  • 05/05/2021
  • Docketat 09:00 AM in Department 6, Elihu M. Berle, Presiding; Initial Status Conference - Held

    [+] Read More [-] Read Less
10 More Docket Entries
  • 03/03/2021
  • DocketInitial Status Conference Order; Filed by Clerk

    [+] Read More [-] Read Less
  • 03/03/2021
  • DocketMinute Order ( (Court Order)); Filed by Clerk

    [+] Read More [-] Read Less
  • 03/03/2021
  • DocketCertificate of Mailing for ((Court Order) of 03/03/2021); Filed by Clerk

    [+] Read More [-] Read Less
  • 03/01/2021
  • Docketat 11:09 AM in Department 11, Ann I. Jones, Presiding; Court Order

    [+] Read More [-] Read Less
  • 03/01/2021
  • DocketMinute Order ( (Court Order Re. Complex Determiantion;)); Filed by Clerk

    [+] Read More [-] Read Less
  • 03/01/2021
  • DocketCertificate of Mailing for ((Court Order Re. Complex Determiantion;) of 03/01/2021); Filed by Clerk

    [+] Read More [-] Read Less
  • 02/25/2021
  • DocketSummons (on Complaint); Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

    [+] Read More [-] Read Less
  • 02/11/2021
  • DocketComplaint; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

    [+] Read More [-] Read Less
  • 02/11/2021
  • DocketCivil Case Cover Sheet; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

    [+] Read More [-] Read Less
  • 02/11/2021
  • DocketNotice of Related Case; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

    [+] Read More [-] Read Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where MATTEL INC. is a litigant

Latest cases where Fisher-Price, Inc. is a litigant