Tort Project by Nick Poblocki

Plaintiff

npoblocki47321 — 2016-01-28 14:44:20 UTC

The Plaintiff in the case, Francisco Garcia, had just signed a 5 year, 30 million dollar deal with the Sacramento Kings.

How is this a Strict Liability Case?

npoblocki47321 — 2016-01-28 14:58:07 UTC

Garcia and the Kings sued for a breach of the manufactorors warranty. They claimed that the Ledraplastic marketed the ball as being able to withstand 600 pounds and being “burst resistant.” Yet, they claimed that Garcia burst the ball while carrying only 180 pounds of weights. Manufacturers simply can’t throw around words like “burst resistant” or being able to withstand a specified amount of weight if their products cannot in fact do so.

Damages Awarded?

npoblocki47321 — 2016-01-28 14:58:26 UTC

The Plaintiff had just signed a 5 year 30 million dollar contract with the Kings, so the team is also suing as well as Francisco. Francisco was only able to play 25 out of 82 games that season because of the injury. The team is suing for 4 million dollars, and Francisco is suing also. None of the terms were released, but the Kings' lawyer indicated it was pretty favorable.

Case Overview/ Important Events

npoblocki47321 — 2016-01-28 15:17:46 UTC

Three years ago, Garcia was balancing on an exercise ball and lifting weights at the same time. Garcia claims he had 90-pound weights in each hand when the ball suddenly burst. As a result, Garcia says that he fell forcibly to the ground and suffered serious injuries including a fractured forearm. He had to miss a good portion of the initial season of the contract and suffered lingering injuries throughout. Garcia had also sought damages for pain and suffering as well as loss in future earning capacity. As NBA players get paid a lot, the amount that Ledraplastic paid to resolve the lawsuit is likely significant.

The Defendant

npoblocki47321 — 2016-01-28 15:19:52 UTC

The Defendant in this case is the company who made the faulty exercise ball. They claimed the ball was "burst resistant" if holding under 600 lbs. This was a lie because the ball was barely holding 450 lbs.