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This case was last updated from Los Angeles County Superior Courts on 07/22/2021 at 02:19:42 (UTC).

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

Case Summary

On February 11, 2021, Jake Thomas White and Kimberly White, individually and on behalf of the Estate of their deceased son, Jake Thomas White Jr, (Plaintiffs”), represented by Pitoun Christopher R. of Hagens Berman Sobol Shapiro LLP, filed a personal injury lawsuit against  Fisher-Price, Inc. (“Fisher-Price”) and Mattel, Inc. (“Mattel”) (collectively, “Defendants”) seeking damages including punitive and/or exemplary damages for placing their defective product in the marketplace thereby causing infant Jake to be unable to breathe while using the product, leading to his death. This case was filed in Los Angeles County Superior Court in the Spring Street Courthouse with Judge Ann I. Jones and Judge Elihu M. Berle presiding. 

 

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.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6061

  • Filing Date:

    02/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Product Liability

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ANN I. JONES

ELIHU M. BERLE

 

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

GUTIERREZ SUSAN L

WILLIAMS BART HARPER

CACHAN MANUEL FRANCISCO

TOCICKI ALYSON CLAIRE

 

Court Documents

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

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)

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

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

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

Notice of Related Case

2/11/2021: Notice of Related Case

Complaint

2/11/2021: Complaint

Civil Case Cover Sheet

2/11/2021: Civil Case Cover Sheet

8 More Documents Available
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Docket Entries

  • 09/20/2021
  • Hearing09/20/2021 at 1:30 PM in Department 6 at 312 North Spring Street, Los Angeles, CA 90012; Status Conference

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

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  • 07/19/2021
  • DocketMinute Order ( (Status Conference)); Filed by Clerk

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  • 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)

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

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

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  • 06/03/2021
  • DocketMinute Order ( (Informal Discovery Conference (IDC); Status Conference)); Filed by Clerk

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

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  • 05/05/2021
  • DocketMinute Order ( (Initial Status Conference)); Filed by Clerk

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  • 04/28/2021
  • DocketJoint Initial Status Conference Statement; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff); Fisher-Price, Inc. (Defendant) et al.

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8 More Docket Entries
  • 03/03/2021
  • DocketCertificate of Mailing for ((Court Order) of 03/03/2021, Initial Status Conference Order); Filed by Clerk

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  • 03/03/2021
  • DocketCertificate of Mailing for ((Court Order) of 03/03/2021); Filed by Clerk

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  • 03/03/2021
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 03/01/2021
  • Docketat 11:09 AM in Department 11, Ann I. Jones, Presiding; Court Order

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  • 03/01/2021
  • DocketMinute Order ( (Court Order Re. Complex Determiantion;)); Filed by Clerk

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  • 03/01/2021
  • DocketCertificate of Mailing for ((Court Order Re. Complex Determiantion;) of 03/01/2021); Filed by Clerk

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  • 02/25/2021
  • DocketSummons (on Complaint); Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

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  • 02/11/2021
  • DocketNotice of Related Case; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

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  • 02/11/2021
  • DocketComplaint; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

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  • 02/11/2021
  • DocketCivil Case Cover Sheet; Filed by Jake Thomas White (Plaintiff); Kimberly White (Plaintiff)

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