Davis v. HappyLand Toy Company

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ISBN: 9781601565020
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Joey Davis was two years old when he died after swallowing beads from his sister's make-your-own jewelry set. Test revealed that Joey had elevated gamma-hydroxybutyric acid (GHB) levels in his system at the time of death and that the elevated GHB could have been a result of the chemicals used in the beads. Andy Davis, Joey's parent, has sued HappyLand Toy Company for strict liability, claiming that the beads were defectively designed. HappyLand Toy Company denies that its beads were defectively designed and has also asserted an affirmative defense of comparative fault, claiming that the negligence and/or recklessness of Andy Davis and/or Joey's babysitter was more responsible than HappyLand Toy Company for Joey's death.

There are nine witnesses total: two plaintiff only; two defense only; and five that can be called by either side. Expert witnesses include a pharmacologist, a child psychologist, and a toxicologist.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com .

Authors / Contributors

Table of Contents




ACKNOWLEDGMENTS

INTRODUCTION

INSTRUCTIONS FOR USE AS A FULL TRIAL

LEGAL DOCUMENTS AND PLEADINGS

      Statutes and Regulations
      Complaint
      Answer
      Stipulations

EXHIBITS

     1       Exhibit A to the Complaint

     2       Exhibit B to the Complaint

     3       Curriculum Vitae of Reese Gardner

     4       Curriculum Vitae of Kendall Oxman

     5        Curriculum Vitae of Chase Tuchmont

     6        Memorandum from Alison Burton Cornell to Blake Lexington, dated May 15, YR-2

     7        Email from Lexington to all employees, dated March 9, YR-2

     8        Email from Lexington to Rodriguez and Brown, dated April 13, YR-2

     9        Email from Rodriguez to Lexington, Brown, and Swift, dated April 15, YR-2

     10     Email from Lexington to Rodriguez, Brown, and Swift, dated April 15, YR-2

     11     Email from Brown to Lexington, dated May 16, YR-2

     12     Email from Lexington to Swift and Brown, dated May 16, YR-2

     13     Email from Swift to Lexington, dated May 16, YR-2

     14     Email from Lexington to Brown, dated May 16, YR-2

     15     Email from Brown to Lexington, dated May 16, YR-2

     16     Email from Lexington to all employees, dated August 14, YR-2

     17     Mouthing Behavior article by Kendall Oxman

     18     Expert Report of Kendall Oxman, dated August 15, YR-1

     19     Material Safety Data Sheet for 1,4 butanediol

     20     Material Safety Data Sheet for 1,5 pentanediol

     21     GHB: Separating Myth from Truth, by Freeland and Hartsfield

     22     Autopsy of Joey Davis

     23     Record of Outpatient Visit, dated October 5, YR-3

     24     Deposition transcript of Erin Swift

     25     Confidentiality Agreement of "Alex Johnson"

     26     Handwritten note in possession of Tristan Frost

     27     Labels for packaging of Princess Beads

     28     Printout of www.whatsthat.nita entry for 1,4-butanediol

     29     Undated note from "ES" to "Blake" that begins "I thought you would want to hear"

AFFIDAVITS

VERDICT FORM

JURY INSTRUCTIONS