California Verdicts

Plaintiff(s):

Ava Aren Shinedling (Female, 3 Years), 

Kenneth Aaron Shinedling (Male, 42 Years), 

Alexia Celeste Shinedling (Male, 9 Years), 

Addison Leilani Shinedling (Female, 12 Years), 

Estate of Amy Celeste Shinedling (Female, 36 Years)

Plaintiff Attorney(s):

Arash Homampour;
The Homampour Law Firm, APLC;
Sherman Oaks,
CA,
for
Ava Aren Shinedling, Kenneth Aaron Shinedling, Alexia Celeste Shinedling, Addison Leilani Shinedling, Estate of Amy Celeste Shinedling ■ Gary K. Kwasniewski;
Viau & Kwasniewski;
Los Angeles,
CA,
for
Ava Aren Shinedling, Kenneth Aaron Shinedling, Alexia Celeste Shinedling, Addison Leilani Shinedling, Estate of Amy Celeste Shinedling ■ Corey Arzoumanian;
The Homampour Law Firm, APLC;
Sherman Oaks,
CA,
for
Ava Aren Shinedling, Kenneth Aaron Shinedling, Alexia Celeste Shinedling, Addison Leilani Shinedling, Estate of Amy Celeste Shinedling

Plaintiff Expert(s):

John Palmer; Ph.D., P.E.; Electrical; Kaysville,
UT called by:
Arash Homampour, Gary K. Kwasniewski, Corey Arzoumanian ■ Joseph Romig; Ph.D.; Cause & Origin; Lafayette,
CO called by:
Arash Homampour, Gary K. Kwasniewski, Corey Arzoumanian ■ Joseph Burton; M.D.; Biomechanics; Alpharetta,
GA called by:
Arash Homampour, Gary K. Kwasniewski, Corey Arzoumanian ■ Anthony Reading; Ph.D.; Psychology/Counseling; Beverly Hills,
CA called by:
Arash Homampour, Gary K. Kwasniewski, Corey Arzoumanian

Defendant(s):

Sunbeam Products, Inc., 

County of San Bernardino, 

Phelan Pinon Hills Community Services District

Defense Attorney(s):

Gary A. Wolensky;
Arent Fox LLP;
Los Angeles,
CA,
for
Sunbeam Products, Inc. ■ David J. O’Connell;
Goldberg Segalla LLP;
Chicago,
IL,
for
Sunbeam Products, Inc. ■ None reported;

Sherman Oaks,
CA,
for
County of San Bernardino, Phelan Pinon Hills Community Services District

Defendant Expert(s):

Ron Hall;
Cause & Origin;
Rancho Cordova,
CA called by:
Gary A. Wolensky, David J. O’Connell ■ John Loud;
Electrical;
Menlo Park,
CA called by:
Gary A. Wolensky, David J. O’Connell ■ Kyle Boone;
Neuropsychology;
Torrance,
CA called by:
Gary A. Wolensky, David J. O’Connell

On Jan. 5, 2011, plaintiff Kenneth Shinedling, 42, a teacher, and his wife, plaintiffs’ decedent Amy Shinedling, 36, a housewife, were sleeping in the master bedroom of their home, located at 8270 Skyline Drive in Pinon Hills, when a fire started in their room. Mrs. Shinedling ultimately died in the fire. A coroner investigated Mrs. Shinedling’s death and concluded that she died within "minutes" due to "thermocutaneous burns with inhalation of products of combustion." The decedent’s family claimed that the fire was started by a heater. Mr. Shinedling and the decedent’s three minor daughters, Addison Shinedling, Alexia Shinedling and Ava Shinedling, sued Sunbeam Products Inc., the county of San Bernardino, and Phelan Pinon Hills Community Services District. After a successful demurer by the government defendants, the matter only continued against Sunbeam. Plaintiffs’ counsel contended that the fire originated in the master bedroom and that the area around the heater was the origin of the fire. Counsel noted that Sunbeam was the manufacturer of the quartz-style space heater — model HQH307 — that was operating in the Shinedlings’ bedroom. The heater had a warning label on its body and a tag on the cord that stated, "Warning risk of fire. Keep combustible materials such as furniture, papers, clothes and curtains at least 3 feet from the front of the heater and away from the sides and rear." Plaintiffs’ counsel contended that Mr. Shinedling was aware of the requirement to keep combustibles at least 3 feet away from the heater, but that the heater failed the consumer expectation test for design defect and failed the risk-benefit test for design defect. Counsel also contended that Sunbeam failed to warn of the dangers of the heater, as Sunbeam knew that its warning to not get combustibles within 3 feet of the heater was not effective and that materials could inadvertently get in front of, or on, the heater. Plaintiffs’ counsel further argued that the heater’s automatic safety switch would not work in a foreseeable misuse situation, such as clothing getting inadvertently closer than 3 feet in front, or touching the front lower grill, of the heater, and that this would start a fire. Counsel further argued that the warnings on the product did not tell the user to not leave the heater on while sleeping and did not tell the user that the automatic safety switch would not always work. Defense counsel argued that the automatic safety switch was not designed to prevent fires. However, plaintiffs’ counsel noted that Sunbeam’s project manager testified that the automatic safety switch was on the heater to prevent fires. Plaintiffs’ counsel also noted that Sunbeam’s safety engineer testified that he knew that the automatic safety switch would not always work, but that he did not tell Sunbeam’s design people or the project manager, nor did he tell the U.S. Consumer Product Safety Commission about the problem. However, the engineer acknowledged that after the fire in question, he was obligated to alert Consumer Product Safety Commission of any potential defects in the heater, but that he kept the limitation of the safety switch to himself because he did not think it was important. In addition, plaintiffs’ counsel contended that Sunbeam marketed the subject heater in a fancy, colorful box that touted the automatic safety switch, but that it did not tell the user of the switch’s limitations. The box also noted that the heater was safety tested above the standards of Underwriters Laboratories, an American, worldwide safety consulting and certification company, but plaintiffs’ counsel disputed this claim. Plaintiffs’ counsel further contended that the technical people at Sunbeam who were asked about the box’s testing claim did not know what was meant by it and claimed that the heater was only tested to meet the basic UL standards, and not to exceed them. They also claimed that meeting the basic UL test standards did not mean the product was safe. Sunbeam’s counsel denied the subject heater was defective in design or warning, and denied any alleged defect caused the decedent’s death. Sunbeam’s counsel contended that the heater met all UL standards, that the Consumer Product Safety Commission did not tell Sunbeam to recall the product, and that after selling 10 million of radiant heaters, there was no history of any other significant fires. Sunbeam’s counsel further argued that the heater’s warnings were violated because combustibles were not kept 3 feet away from the radiant heater and that Mr. Shinedling’s negligence caused the fire. In addition, Sunbeam’s counsel contended that Mr. Shinedling could have first saved his 3-year-old daughter by placing her outside of the master bedroom’s French Doors and then gone back in the house to save his wife, instead of their other two girls. However, plaintiffs’ counsel responded that the decedent insisted that Mr. Shinedling save their girls first. Plaintiffs’ counsel also cross-examined one of Sunbeam’s expert witnesses, the fire captain who was on the scene on the morning of the fire and who was involved in extinguishing the fire. During the cross-examination, the fire captain admitted that he has experienced situations where young children were placed outside of a home fire, only to rush back in to try to save their parents. Thus, the captain confirmed that if Mr. Shinedling had done what defense counsel alleged, there would likely have been more fire victims.

Amy Shinedling suffered thermocutaneous burns and inhalation of combustible products. She subsequently died from her injuries. She was 36. She was survived by her husband, whom she was married to for 18 years, and their three daughters, Addison (age 12), Alexia (age 9), and Ava (age 3). The decedent’s family sought recovery of wrongful death damages for the loss of Amy Shinedling’s love, comfort, care, society, companionship, affection, solace, and support. They also sought recovery of direct injury and bystander emotional distress damages. Sunbeam’s counsel disputed the nature and extent of the decedent’s family’s damages.

The jury found that Sunbeam’s heater failed to perform as safely as an ordinary consumer would have expected it to and that the heater was defective in its warnings. It also found that Sunbeam negligently designed the heater and that Sunbeam was negligent in its warnings. The jury further found that the heater’s design under the risk-benefit test was not defective and that the heater’s design was not a factor in causing harm. The jury determined that the decedent’s family’s damages totaled $58.65 million, including $9,995,000 for Mr. Shinedling’s damages, $15,595,000 for Addison’s damages, $16,105,000 for Alexia’s damages, and $16,955,000 for Ava’s damages. However, the jury apportioned 20 percent of the fault to Mr. Shinedling and 80 percent of the fault to Sunbeam. After apportionment, the decedent’s family would recover $46.92 million.

Addison Leilani Shinedling: $300,000 Personal Injury: past wrongful death damages; $3,225,000 Personal Injury: future wrongful death damages; $80,000 Personal Injury: past direct injury emotional distress damages; $1,340,000 Personal Injury: future direct injury emotional distress damages; $600,000 Personal Injury: past bystander emotional distress damages; $10,050,000 Personal Injury: future bystander emotional distress damages; Alexia Celeste Shinedling: $300,000 Personal Injury: past wrongful death damages; $3,225,000 Personal Injury: future wrongful death damages; $80,000 Personal Injury: past direct injury emotional distress damages; $1,400,000 Personal Injury: future direct injury emotional distress damages; $600,000 Personal Injury: past bystander emotional distress damages; $10,500,000 Personal Injury: future bystander emotional distress damages; Ava Aren Shinedling: $300,000 Personal Injury: past wrongful death damages; $3,225,000 Personal Injury: future wrongful death damages; $80,000 Personal Injury: past direct injury emotional distress damages; $1,500,000 Personal Injury: future direct injury emotional distress damages; $600,000 Personal Injury: past bystander emotional distress damages; $11,250,000 Personal Injury: future bystander emotional distress damages; Kenneth Aaron Shinedling: $300,000 Personal Injury: past wrongful death damages; $2,775,000 Personal Injury: future wrongful death damages; $80,000 Personal Injury: past direct injury emotional distress damages; $740,000 Personal Injury: future direct injury emotional distress damages; $600,000 Personal Injury: past bystander emotional distress damages; $5,500,000 Personal Injury: future bystander emotional distress damages

Actual Award:

$46,920,000

Judge:

Cormac J. Carney

Demand:

$9,750,000

Offer:

$5,000

Trial Length:

6
 days

Trial Deliberations:

2
 days

This report is based on information that was provided by plaintiffs’ counsel. Sunbeam’s counsel declined to contribute and counsel for the remaining defendants was not asked to contribute.