“Fantastic Chair” Recalled Over Possible Design Defect . . . For Cutting Off Toes

_87597962_worxFantastic Furniture bills itself as home of “Australia’s Best Value Bedding and Furniture.” However, its Worx chairs reportedly have a rather disconcerting design defect: cutting part of toes off customers. The roughly 100,000 Worx chairs have been recalled by the company after two people lost toes.


2FF5F2D500000578-0-image-m-3_1452380190254Mark Bulman, lost the middle toe of his left foot last year after it was caught in the inner side of one of the legs. Eleven-year-old Trae McGovern (right) also lost part of a toe after he stubbed his left foot on a Worx chair. It is still unclear how the plastic chair could have this dangerous flaw.

In products liability, we generally look for three types of defects: manufacturing, warning, and design defects. This could be either a manufacturing or design defect. It is possible that the plastic form was made in a way that has unintended sharp elements. Alternatively, the design itself may lend itself to a trap or cutting area. Either way, this would satisfy the American standard under either the Restatement (Second) or Restatement (Third) for a design defect. Having a toe cutting chair would certainly run afoul of Restatement Second Section 402A and the consumer expectation test. “One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm.”

Likewise, it would seem an easy case to make out a design defect under Restatement Third Section 2(b), which states that a product is

(b) is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the omission of the alternative design renders the product not reasonably safe.

The Australian Competition and Consumer Commission has asked Fantastic to recall the chairs. The company agree due to a possible “entrapment or laceration hazard.” Customers can either return the chairs for the reimbursement of $27 – or take free insert plugs to make the chairs safe.

It would make for a strong torts case under product liability if it were tried in the United States.

64 thoughts on ““Fantastic Chair” Recalled Over Possible Design Defect . . . For Cutting Off Toes

  1. “Consumer expectation test?” I wouldn’t expect much of a $27 dining chair! It is interesting, however, that the Restatement doesn’t require reasonable quality control testing. Even if the design were okay for certain materials, such as wood, it might not be an reasonable design using molded plastic, which can be as sharp as a knife.

  2. It looks like the legs roll inward at the bottom near the feet. If the edges were sharp, this would create two converging knives that could easily slice a toe off. Even if the edges were well rounded it presents a pinch point that could entrap a toe and cause an injury when you tried to pull it out. I guess the plug would fit into the leg at this point so that you could not slide your toe down between the two edges. I am not sure how the boy was injured by stubbing his toe on the chair though. This would seem to be two different problems.

  3. It is an inexpensive product with a cheap fix. You would have thought they would have caught that in product testing.

  4. Product liability cases can be fascinating. You learn so much about a product, how it’s designed, manufactured, sold. I worked for an attorney that defended a major manufacturer of gas grills that had a problem w/ explosions. This guy was sharp and tough. He ate ham n’ egger plaintiff attorneys for a light breakfast. A word of advice. if ever you are injured by a product, make every effort to determine if the company has been sued previously and then attempt to hire the attorney[s] who has represented plaintiffs in more than just one case. The manufacturer will almost certainly have ace attorneys well versed in how to defend the lawsuit. You need a barrister who will not be their breakfast.

  5. Nick – there is a company in Scottsdale, AZ that does mock trials for up-coming litigation. I was on one of 3 juries for a product liability case for a heart monitor. 2 of the juries held for the defendant, the last one (mine) held 11-1 for the defendant. Our holdout felt that somebody should be at fault and was looking at the biggest pockets. For the rest of us, the real guilty party had settled.

  6. Paul, That’s interesting. I assume you’re compensated for the time? I have worked some medical device lawsuits and they are almost always big bucks because someone died, or was severely disabled by the faulty device.

  7. It would appear there is a big problem w/ vaginal mesh. I see those class action solicitations all the time on TV.

  8. Nick – they pay really decent money for someone out of work. What is cool is while you are watching the trial you have little dials that you move up and down depending on how you agree with what is going on. They also do criminal trials. The prosecution from the OJ came over here to try out there material. Sadly, they did not have the ‘Dream Team’ to play against.

  9. In days of old and Knights were bold and condoms were not invented, there was a case in Saint Louis back in the mid 80s. A guy at Monsanto, a worker there, sat down in a secretarial chair and the back of it broke off and he broke his spine. The thing which broke was a 90 degree steel piece of metal welded from chair bottom to chair back. The welding was lame. It was obvious to look at it. It was a design defect in some respects and a bad job at the factory which was Steelcase. The chair was 23 years old. They were up north some where– out of state. The guy had a valid work comp case but no lawyer would consider this as a product liability case. The wife found a civil rights lawyer who took it on. He sued the manufacture company and the little office supply store in the city there which sold the chair 23 years before the accident. He filed in state court in the City of St. Louis where one could get a good jury. The Steelcase counsel moved to remove to federal court. Denied by the federal court, back to the City. At trial the defendants caved. $1.5 million to the injured guy. After that lawyers started thinking about taking on products cases. I heard that the lawyer who handed that for the plaintiff retired earlier than most guys do.

  10. 2 toes lost from 100,000 chairs?
    Hardly a “dangerous flaw”, more a flaw uncovered only by freak accidents, and only when barefoot.
    Seems like an easy fix is available.
    All in all, hardly the stuff of nightmares.

    But I expect a lawyer’s nighttime commercial any day now.

  11. No need to fret–these FANTASTIC CHAIRS may be fantastic, after all. Ship all of the surplus “maiming” chairs to our ISIS pals. After all, these poor guys are in desperate need of some furniture, especially some chairs. Did you ever notice how every photo of these animals shows them sitting around, on dirt floors, barefoot? I can’t think of a better use for these chairs, if, and when, they are ever pulled from the market. Send them in a big box marked, TO ISIS, WITH LOVE.

  12. Karen S: He walks with assistance. Guide dog. That is how I learned the story. The dog took him to the right lawyer back in 1986. A million to him, wife and dog, and a half million to the lawyer and his co counsel. Motivation. Motivation for Steelcase to hire a good welder and motivation for lawyers out there to take on iffy cases. It was real iffy back then. But Knights were bold and rubbers weren’t invented.

  13. Chairs have been around a long time. People have been injured as a result of such things as collapses, but I don’t ever remember hearing about a chair cutting off toes. I disagree with Fleming–it is foreseeable that someone would sit on a chair while barefoot. Something is drastically wrong here.

    I was involved in a product liability case involving a folding patio lounge chair. It was supposed to be unfolded and then snapped into a fully open position, but it was put together too tightly. There were no user instructions and there was no warning that the user should hear an audible clicking sound when it was fully locked into position, much less that it would collapse unless the parts were locked. My client opened the chair as far as she could and sat down on the seat. Her weight caused the back to pop forward, striking her in the back of her head and slamming her head into the concrete patio. She ended up with head and neck injuries that were disabling, including a seizure disorder, as a result. She did prevail at trial.

  14. “–it is foreseeable that someone would sit on a chair while barefoot

    Yeah, it is.

    Not foreseeable that a barefoot guy would stumble into it, knock it over, and stick a small toe into the small opening when lying on its side (there’s no other way that could have happened).

    Not foreseeable that a 12 year old would stick his toe in the slight opening and then lean back and tip over.

    What do you call little boys who lean back in their chairs? My mom called them an accident waiting to happen. More head injuries from that maneuver than toes lost, but you can’t sue anybody for TBI from sitting on chairs wrong …yet.

    Lawyers are utopians.

    “…a folding patio lounge chair
    …he ended up with head and neck injuries that were disabling, including a seizure disorder

    BS. That has fraud written all over it.

  15. For example “the ‘tort tax’ in the ladder manufacturing industry is estimated to be 20% of the cost of each household stepladder.
    Product Liability by Victoria Sherrow, Alan Marzilli, Infobase Publishing, 2010, p.59

    I can see the company fixing chairs going forward, but I can’t see them being at fault for those 2 events.* Freak accidents and clumsy or stupid people using chairs other than as chairs.

    *I have no doubt a lawyer can get a jury to demand money from a company, but that has nothing to do with actual fault.

  16. Fleming: check out: Kroger Co Save-On Store v. Jacqueline Presnell, 515 N.E.2d 538 (Ind.Ct.App., 1987).

    I expect an apology for your accusation of fraud.

  17. Presnell fell approximately nine inches and struck the cement floor of the patio.

    …x-rays and a myelogram were taken. Presnell had herniated discs and a laminectomy was later performed on both sides of her spine. Continued medical problems involving Presnell’s neck, spine, back, and shoulder occurred over the next three years. Presnell sustained a fifteen percent permanent partial disability to her body as a whole from the neck condition and another fifteen percent permanent partial disability to her body as a whole from the back injury. In addition, Presnell developed epilepsy and experienced numerous emotional problems resulting in several hospitalizations and a suicide attempt.

    …the doctor’s testimony establishes that Presnell had numerous emotional, mental, and psychiatric problems from childhood to the date of trial which are not related to the accident but which nevertheless enlisted the sympathy of the jury.”

    Hilarious! Exactly what I expected.
    Total BS. A nine inch fall did none of this damage.
    A nine inch fall would not cause a seizure disorder, if indeed there was one, which I doubt.
    The facts listed do not prove causality at all.
    More likely she is a chronic pain patient.

    I expect an apology for your wasting my time.

  18. In fact. I doubt she should have ever had surgery.
    “Herniated discs” are meaningless as to a cause of back pain.
    They are only meaningful as a cause of radicular pain, which was not listed in the lawsuit.

  19. Disc herniations are meaningless and quite common.

    An MRI study of 67 patients with no history of low back pain found that 20% of these asymptomatic people under the age 60 had MRI evidence of disc herniation.
    of those over 60 years old, 37% had confirmed disc herniations and 21% had spinal stenosis despite having no pain at all.
    Boden SD et al. “Abnormal magnetic resonance scans of the lumbar spine in asymptomatic subjects: A prospective investigation.” J Bone Joint Surg Am 1990; 72A:403-408

  20. “Presnell had an epileptic seizure before reaching womanhood, and prior to this accident was admitted to Hamilton Center, Terre Haute, IN for a period of approximately five days for psychiatric treatment for a condition which Presnell described as a `near nervous breakdown.'” Appellant’s Brief at 70-71.

    Geez. It gets worse and worse.

  21. Gee Dr. Fleming, you know so much more than either Ms. Presnell’s treating physicians or the defense. Tell me, Doctor, did she have disc herniations before striking her head? Did you see her medical test results? Do you know whether the disc herniations were impinging on her spine, and if so, whether this causes pain? Was she in such pain before the chair collapsed? How do lower back herniation studies compare to herniations of neck discs? Tell me, Doctor. Did she have ongoing epileptic seizures before striking her head? You said that the case was BS and a fraud. You are wrong. The Indiana Court of Appeals upheld her verdict. Nothing you cite disproves causation, but it does prove how bitter and biased you are.

  22. KCFleming: “In fact. I doubt she should have ever had surgery.
    “Herniated discs” are meaningless as to a cause of back pain.
    They are only meaningful as a cause of radicular pain, which was not listed in the lawsuit.”

    I nearly was paralyzed with a disk in my neck that became herniated after a minor fall (it was more of a roll). No question in my case that surgery was necessary.

  23. “The Indiana Court of Appeals upheld her verdict.
    So what? Smart people believe all sorts of false and ridiculous things about medicine, even appellate court judges.
    BTW, in logic, that’s known as the “Appeal to authority” fallacy. The Indiana Court of Appeals knows nothing about medical causation, and relied on MD testimony, however flawed.

    “Tell me, Doctor, did she have…
    Hilarious! The tell-tale angry lawyer’s practiced and passive-aggressive method of belittling an MD.
    You told me to read the case, and the data you provided were limited.
    Now you’re complaining that I didn’t read all the data which you failed to give me.
    You want me to review the records?
    Then provide them.

    “did she have disc herniations before striking her head?
    Who cares? Disc herniations are not a proven cause of “neck, spine, and back” pain.
    They might cause shoulder pain by nerve impingement radiculopathy, but that would be very odd in the absence of arm pain.

    “Did you see her medical test results?
    You didn’t provide them, and now you’re complaining about it.
    Instead, you asked me to read the court record and apologize
    But in the record that you felt would substantiate your view, I found the usual crap medical discussion common to legal proceedings.
    You want me to review the records?
    Then provide them.

    “Do you know whether the disc herniations were impinging on her spine, and if so, whether this causes pain?
    It doesn’t matter, as I said, because it remains unclear whether disc herniations cause spine pain at all, even though they clearly can cause radicular pain, which was absent here..

    “Was she in such pain before the chair collapsed?
    Doesn’t matter.
    People with “numerous emotional, mental, and psychiatric problems from childhood to the date of trial which are not related to the accident”, especially those who have had inpatient psychiatric treatment for “a near nervous breakdown” all leading to a suicide attempt, are predisposed to chronic pain disorders from even mild injuries such as fender benders and minor falls that do not cause much if any damage.

    But I’d bet she had been having pain problems since she was about 12 or 13. Maybe not neck pain, but stomach pain, muscle pains, chronic fatigue, etc.

    How do lower back herniation studies compare to herniations of neck discs?
    Even back in the 1950s, they knew that asymptomatic cervical spine disc herniations were common (28-39%). [Asymptomatic intervertebral disc protrusions DL McRae – Acta radiologica, 1956]
    More recently:

    Asymptomatic degenerative disk disease and spondylosis of the cervical spine: MR imaging. L M Teresi, R B Lufkin, et al., Radiology 1987 164:1, 83-88
    Disk protrusion (herniation/bulge) was seen in five of 25 (20%) patients aged 45-54 and 24 of 42 (57%) patients older than 64 years of age. Posterolateral protrusions were seen in only nine of 100 patients and occurred with greatest frequency in patients over 64 years of age. In no patient was obliteration of the intraforaminal fat seen. Spinal cord impingement was observed in nine of 58 (16%) patients under 64 years of age, and in 11 of 42 (26%) patients over 64 years of age. Cord compression was observed in seven of 100 patients and occurred solely secondary to disk protrusion in all cases.”

    So yeah, disc herniations are common in the neck and back in completely asymptomatic people.
    What was your point again?

    “Tell me, Doctor. Did she have ongoing epileptic seizures before striking her head?
    I saw no evidence she had proven seizures at all.
    The word “seizure” is used.
    Lots of things are called seizures that are not epilepsy.
    Was it proven by EEG? Not by the record you provided.

    Regardless, she was predisposed to seizures, if indeed she was already so diagnosed prior to the head injury. The fall didn’t cause them. At most reactivated them.
    if seizures they were, which I doubt.

    All I can say is she certainly convinced you and a pile of other lawyers.
    So that’s something.

  24. “I nearly was paralyzed with a disk in my neck that became herniated after a minor fall (it was more of a roll). No question in my case that surgery was necessary.

    Your description of “almost paralyzed” is not consistent with the facts here. Different anatomical problems entirely.

  25. Sometimes the worst cervical disk herniation have no pain. A family member had leg problems, w/ poor reflex and a drop step gait. Turned out the spine was almost totally exposed requiring a cervical fusion. The person had no pain.

  26. KCF, I know it would not shock you to learn that some defense attorneys NEVER have surveillance done no matter how many red flags are flying. Don’t want to show up their fellow bar member on the opposing side.

  27. Now KCF, I think you know there are cut happy surgeons more than happy to perform surgery even if conservative treatment is indicated. There was a very “respected” Ivy League surgeon in my area. I investigated many of his patients. He was never prosecuted but “retired” early and moved out of the state.

  28. These “fantastic chairs” may sever toes, but they have been certified “Halal”–and they, therefore, accomplish their intended purpose.

  29. (Music)
    Doctor, Doctor, what you say?
    How bout lettin me out today?
    Ain’t no reason for me to stay.
    Everybody is far away.

    Get me back on my feet again!
    Back on my feet again!

    Open the door..
    Set me Free!

    Get me back on my feet again!
    dn ta dn ta dn ta….

    -Randy Newman, from Good Ol Boys.

  30. KCFleming,
    The fact that a sizable percentage of the population have asymptomatic disc herniations in no way prevents other herniations from causing or being directly associated with painful conditions. The pain may not be a direct result of impingement of the herniation, but the inflammatory process, or from muscles spasms or structural instability. The disc abnormalities may be symptomatic of the problem causing the pain or causal.

    If you wish to discuss pain, pain signaling & pain processing in the body from nociception, through the dorsal horn into the hypothalamus and brain I am quite willing to do so.

    You are correct that previous trauma predisposes one experience pain differently, however that does not make the pain any less real.

    Pain is what the brain tells you it is.

  31. “…that does not make the pain any less real
    WRXDave
    You missed the point, and inadvertently supported mine.

    This is a court case, not a doctor’s office.
    In this case a women fell nine inches and struck the back of her head.
    Supposedly this caused pain that became chronic, was unresponsive to surgery, and became so bad she tried to kill herself.

    Your simple neuroanatomy in no way explains how how that could be so, and in no way supports that the maker of the folding chair should pay her $450K for it.

    1. If the pain was in fact discogenic (i.e., from the herniated disc), the back surgery should have cured it. It didn’t, so that was not the cause.
    2. The inflammatory process should not, in the absence of underlying connective tissue disease like RA, last forever. So discard that as anything but a brief cause.
    3. Muscles spasms were not claimed or demonstrated. And nine inch falls do not cause lifetime muscle spasms.
    4. Structural instability was not claimed or demonstrated.
    5. It would be extremely unusual for a fall of nine inches to cause pain that lasts forever. Her pain is far out of proportion to the damage described (if there was any damage, which I doubt).
    6. It would be extremely unusual for a fall of nine inches to cause a seizure disorder (if there was one, which was not proven by the court records).

    Her pain is real, and is called a chronic pain disorder, and much of it, in her case, was caused by her sad lifetime experiences (child abuse is almost a certainty here).
    The neuroanatomy and neurophysiology behind chronic pain is far more complex than you aver.
    Simple pain such as you describe would indeed cause a brief episode of pain. I’d giver $50 for that (and take away $20 for failing to check the stability of a cheap folding chair before flopping into it.)

    If your patient tripped on the clinic carpet and fell (from 5 feet) onto your floor and got up and walked away, but ended up in constant pain and tried to kill herself from it, well, let me suggest you’d feel a bit different when they ask you to fork over $450,000.

  32. KCFleming: “1. If the pain was in fact discogenic (i.e., from the herniated disc), the back surgery should have cured it. It didn’t, so that was not the cause.”

    No, necessarily. Again, my injury is example.

  33. I have a suggestion, Dr. Fleming: Let’s suspend you 9 inches above a solid concrete surface and then whack you in the back of your head with a ball bat, making sure the contralateral side of your head hits the concrete and simultaneously drop you on your buttocks and then see how you fare. She was hit in the back of her head by the chair back, the front of her head struck concrete, AND her buttocks hit the ground. She had a coup-contracoup type concussion injury to her head. The case was vigorously defended by very experienced defense counsel that attacked her in every way possible, but they lost both before the trial court and Court of Appeals. The majority of the jury were college graduates, which is unusual in Indiana, but there is a college located in Terre Haute Indiana. Regardless of prior history, she worked full-time at a physically demanding job until this happened to her.

    But, we digress. Let’s go back to the original premise, and that was I was lying about this case and how this woman was injured. I was not. You have attempted to second-guess the jury’s verdict with your cynical, biased and just plain incorrect conclusions, but this injury did happen and was proven to a jury in Indiana, an extremely conservative state with historically low percentages of personal injury plaintiff victories.

    Your comments about a small number of non-symptomatic disc herniations doesn’t mean that such injuries do not occur when there is trauma, as there was in this case. Doctors are fully aware of this.

  34. I’m certain you remain convinced by all that.
    And I’m glad you found a jury who believed it, too.
    Good for you.
    You made a half million bucks off of a chair company that was not responsible.
    Such are the mysterious workings of the US legal system. Who am I to question it?

    However, stating the same facts louder don’t make them any more probative.
    I congratulate you on the colorful description; it makes good theater..
    I’m sure it works in court, too, even if it proves nothing.
    Maybe it’s time to bang your shoe on the desk, or type it in all caps.

    “Your comments about a small number of non-symptomatic disc herniations
    You missed the point.
    20-30-plus percent of people walk around with neck and low back disc herniations with no symptoms at all. That is a huge number.
    Therefore, you would expect 1 in 3 or 4 patients complaining of neck or back pain to have a disc herniation on imaging.
    This raises the key question for the case, which you and the opposing counsel and the doctors and the jury missed: what did the imaging findings have to do with her pain, if anything?
    Because caused by was the entire case, no?

    “.;..doesn’t mean that such injuries do not occur when there is trauma
    So what? You were talking about the facts this case, not a philosophy of pain.
    The questions were:
    1. Did the 9 inch chair collapse cause the imaging findings?
    2. Did the imaging findings cause this pain?
    3. Do those imaging findings ever cause pain?

    You proved none of those to my satisfaction.

    And the there’s this:

    “Presnell placed the chair on its side, unfolded it, opened the legs until resistance was met in a vertical position, turned the chair upright, and, while she was in the process of sitting down, the chair collapsed. Presnell fell approximately nine inches and struck the cement floor of the patio.”

    By your facts, she fell 9 inches.
    d = 0.5 * g * t2
    0.2286m = 0.5 * 9.8 * t^2
    It takes 0.2286 seconds for an object to fall 9 inches from a stop (velocity = 0).
    vf = g * t (dropped from rest)
    The speed of an object falling from dead stop motion to 9 inches is 1.06 meter/sec or 2.37 mph.

    If I doubled that, to account for some motion by Presnell, that’s 4.7 mph.
    However, that’s unlikely given that she was only sitting down, and the average walking speed is just 3.1 mph.
    Even if she were running, Marathon runners average only 8.8mph.
    You didn’t say she was running, so no; unlikely.

    Anyway, the average speed of a swung bat depends on its weight:
    20 oz bat = 68.5mph
    40 oz = 80.4 mph.
    So your analogy (“whack you in the back of your head with a ball bat”) was a colorful lie as well.
    This was nowhere near like getting hit with a ball bat.

    I await my apology.

  35. “Let’s go back to the original premise, and that was I was lying about this case and how this woman was injured. I was not.

    Maybe, maybe not.
    It’s possible you believe all that blather.
    It’s possible you beleive falling 9 inches is like getting hit with a baseball bat.
    But it’s not.

    So maybe not lying, and just wrong.
    However, the baseball bat analogy you used shows you are willing to play fast and loose with the facts for effect, so it’s hard to tell..

  36. Let’s use the 20 oz bat at 68.5mph.
    vf = g * t
    68.5 = 9.8 * t
    t = 6.99 sec

    For an object to fall from rest for 6.99 sec:
    d = 0.5 * g * t2
    d = 0.5 * 9.8 * (6.99)^2
    d = 239m = 261 yards.

    A 261 yards fall to equal getting hit by a baseball bat.
    A little more than 9 inches.

  37. KCFleming – less wind resistance, all bodies fall at the same rate. Baseball bats move at different rates. I think you need to recalculate.

  38. Ack. transposed numbers..
    She fell 9 inches.
    d = 0.5 * g * t2
    0.2286m = 0.5 * 9.8 * t^2
    It takes 0.216 seconds for an object to fall 9 inches from a stop (velocity = 0).
    vf = g * t (dropped from rest)
    The speed of an object falling from dead stop motion to 9 inches is 2.11 meter/sec or 4.71 mph.
    With her sitting motion, maybe 5-6 mph max velocity.

  39. ” all bodies fall at the same rate
    Exactly, and accounted for in the calculation.
    She introduced the “hit by a bat” analogy, which is not a free-fall.
    I added a little speed for her own movement, but you can see the gross exaggeration comparing the two.

  40. Wrong again, Dr. Fleming. She got smacked in the back of the head when she applied the weight of her body to the seat of the chair. Because the chair mechanism wasn’t locked, which wasn’t apparent because there were no instructions advising about the audible “click” that would have told her this, and also because she forced open the chair as much as her strength would allow but because the parts were put together too tightly, making it nearly impossible to lock into position, the chair folded up on her when she sat down on the seat. The jury tested the chair out in open court. It appeared to be fully open without locking into place. The back, containing a metal bar, hit her in the back of her head and then slammed the front of her head onto the concrete patio. Simultaneously, her buttocks hit the concrete also. This is the 9-inch distance referenced in the record–the distance from her buttocks to the ground, not the distance her head was above the ground. So, this was much more than just hitting her head from a 9 inch height. She sustained blows on both the front and back of her head as well as trauma to her neck and lower back.

    I would think the velocity of having a metal bar slam into the back of your skull with sufficient force to cause your head to hit the ground from a seated position 9 inches above the ground would be similar to being hit in the head with a baseball bat. We could try this on you, if you’d like to volunteer.

    You continue to deny your accusation that I lied about there being a case with these facts.

  41. Now you’re changing the facts.
    Why say she fell 9 inches if it was actually farther? How far was it? Was that in the trial?
    Now I am even more distrustful of your claims.

    “I would think the velocity of having a metal bar slam
    You might think so. I wouldn’t.
    You think a swinging baseball bat which can crack open a skull equals falling less than a yard.
    Nope.
    Show me the numbers.
    What was the metal bar made of? How thick? How far did it travel before striking her?

    “a metal bar, hit her in the back of her head and then slammed the front of her head onto the concrete patio.
    She sounds like an acrobat.
    The entire sequence sounds fishy to me.
    She is reclining on a lounge chair and somehow falls falls forward? (How else doe she hit the front of her head?) Was the chaise lounge spring-loaded?

    Curiouser and curiouser.

  42. “You continue to deny your accusation that I lied about there being a case with these facts.

    As the post in question here shows, any good lawyer can make a case about anything, and get a jury to buy into it.
    That’s not the same as what the facts are as to causality.
    I never denied you could make a case.
    I said I smelled BS.
    I was right.

  43. Not the same design. She didn’t recline, either. It folded up the moment she applied the weight of her body to the seat. They no longer sell this design of lounge chair. I’m betting she’s not the only one injured in this manner, which is why.

  44. It would have to be. Kroger Sav-Ons are middle-low-end neighborhood pharmacies. I suspect it was the old style folding type. Aluminum.

    “She didn’t recline, either.
    She was sitting down, right? And it ‘folded up’.

    And as you wrote above, “The back, containing a metal bar, hit her in the back of her head and then slammed the front of her head onto the concrete patio. Simultaneously, her buttocks hit the concrete

    So simultaneous to the back metal bar hitting her in the back of her head, she slams the front of her head onto the concrete patio AND her buttocks hit the concrete.
    A remarkable feat, her forehead and buttock hitting the concrete at the same time.

    Call me increasingly unconvinced.

  45. “They no longer sell this design of lounge chair. I’m betting she’s not the only one injured in this manner, which is why.
    How many lawsuits over the same defect?
    One? None?
    Yet a design so dangerous it could whack you like a baseball bat and throw you to the ground causing a brain injury?
    Seems like everyone who used it should have gone to the hospital.

    Call me increasingly unconvinced.

  46. KCFleming: “But it stands to reason that pain caused by a disk should be relieved by treating the disk.
    Otherwise, how but do you know it was causing pain?”

    It doesn’t always work that way.

    In my case, the injury caused the disk to impinge on the spinal cord (very obvious in MRI). It also impinged on root ganglia causing pain in my hands. That pain did not resolve after the cervical fusion. And I still have funny feelings in my legs due to the spinal cord issue (that also did not resolve).

  47. Again, you are describing referred or radicular symptoms from the disc, as well as paralysis.
    The case is about neck and back pain from the disc.
    Those are different issues entirely.

    The medical literature is uncertain as to whether vertebral disks cause pain at the spine or adjacent to it, but Kroger had to pay $450K nevertheless.

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