Narrative For Settlement Brochure

History of the Case

On October 13, 1992, at approximately 5:30 p.m., a child's carefree life became a nightmare. Patti Kelly, age 7, had been playing, unsupervised, with her friend Jennifer Jones at Jennifer's home located at 210 North Drive in Oakdale, California. Patti was riding a Defendant Corporation Big Wheel owned by the Jones and manufactured by Defendant Corporation. As she left the Jones' driveway, tragedy struck; Patti was run over by an oncoming car which she could not hear approaching because of the loud clicker device on the toy. Even if Patti had seen the approaching car, she could not have stopped because the toy was not equipped with brakes. The driver could not prevent the collision either since she could not see the low slung vehicle which was not marked with a flag that alerts motorists to the presence of the child and toy.

Patti Kelly rode this Big Wheel without contemplating any danger. Instead, Patti ended up lying on the ground with severe injuries to her right leg. Jennifer's mother rushed to the front of the house when she heard the screeching of the brakes and Patti's screams. Mrs. Jones stated that the seriousness of the injury was readily apparent; bones were protruding through Patti's skin at the ankle and calf and there was significant bleeding. She also...