LANCASTER – A Canadian manufacturer has obtained judicial authorization of a $1,000 settlement, for injuries sustained by a Lancaster child after she was injured by a microwaved stuffed animal.
C.C. (a minor, by her parent and natural guardian, Amos Clay) of Lancaster filed a petition in the Lancaster County Court of Common Pleas on Sept. 2 versus Upper Canada Soap & Candle Makers Corporation, of Mississauga, Ontario, Canada.
“Petitioner is Upper Canada Soap & Candle, a corporation with their principal place of business located in Mississauga, Ontario, Canada. Petitioner distributed the subject item ‘Hot Snug,' which is a stuffed animal which is warmed in the microwave,” the petition said.
“The subject Hot Snug was sold to an Amos Clay, who resides in Lancaster. C.C. a minor, resides with her father. At some point in time, the Hot Snug injured the minor daughter of Clay. The injuries which are the subject of this settlement were caused when the Hot Snug was warmed in the microwave and then subsequently given to C.C.”
The suit added that the minor plaintiff has recovered from her injuries, which were not permanent.
“C.C. has made a satisfactory recovery from the injuries and her condition has improved. She does not have any functional limitations from her injuries and no further medical treatment is needed. C.C. did not treat at a traditional medical facility for her injuries, as her parents found it more appropriate to practice holistic methods,” the petition stated.
“There has been ongoing communication with Clay regarding settling this matter without having to pursue litigation. An offer of $1,000 [was made] to Clay in relation to the injuries sustained by C.C. Clay accepted the proposed settlement. The net settlement payable to Clay is $1,000.”
UPDATE
Lancaster County Court of Common Pleas Judge Jeffery D. Wright authorized the settlement in an order issued on May 2.
“Consideration for the settlement shall be distributed as follows: Direct payment of the net funds of $1,000 is to be immediately deposited in the name of the minor, C.C., only, with Amos and Diane Clay designated as guardians, in a restricted, federally insured, interest-bearing savings account, certificate of deposit or credit union account, or account investing only in securities guaranteed by the United States government or a federal governmental agency managed by responsible financial institutions,” Wright said.
“The account shall be marked ‘not to be withdrawn until the minor, C.C., reaches the age of 18 years, except for the payment of local, state and federal income taxes on the earnings of the certificate or account, or upon further Order of the Court.’ Within 30 days of the date of this Order, counsel shall file with this Court proof of deposit of the sum of $1,000. Leave is granted to Amos and Diane Clay to execute a general release of all claims against Upper Canada Soap & Candle on behalf of themselves and on behalf of, and with full authority of, C.C., a minor.”
Upon proof of filing that deposit, Wright ruled the case would be discontinued.
The plaintiffs did not secure legal counsel.
The defendant was represented by Alexander DiMeo and John T. Donovan of Wilson Elser Moskowitz Edelman & Dicker, in Philadelphia.
Lancaster County Court of Common Pleas case CI-22-05386
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com