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Ross v. Atico International USA

February 18, 2010

TRACY ROSS, AS GUARDIAN AD LITEM OF MAGGIE CHRISTINE ROSS; INA PATE, PLAINTIFFS,
v.
ATICO INTERNATIONAL USA, INC.; WALGREEN COMPANY; AND DOES 1 TO 50, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 02/10/2011

Non-Dispositive Motion Filing Deadline: 02/25/2011

Non-Dispositive Motion Hearing Date: 04/01/2011

Dispositive Motion Filing Deadline: 03/10/2011

Dispositive Motion Hearing Date: 04/11/2011

Settlement Conference Date: 02/08/2011

Pre-Trial Conference Date: 05/16/2011

Trial Date: 06/28/2011

I. Date of Scheduling Conference. February 18, 2010

II. Summary of Pleadings

A. Plaintiffs' Factual Contentions

1. Plaintiff Maggie Ross was 3 1/2 years old when a child's folding chair she sat in collapsed due to a defective locking mechanism. Her finger caught in the hinge of the chair and she suffered a serious smashing injury requiring extensive medical treatment. The injuries are permanent and include both function loss and disfigurement.

2. The chair was manufactured and/or distributed by Defendant Atico International. It was purchased as part of a children's table and chair set by Maggie's grandmother, Plaintiff Ina Pate, from Defendant Walgreen Company.

B. Plaintiffs' Legal Contentions

1. The child's chair was defective. As both Defendants were in the chain of distribution of the chair to ultimate consumers they have exposure for products liability and general negligence. Plaintiffs also pleaded a Dillon v. Legg claim on behalf of Plaintiff, Ina Pate, grandmother to injured Plaintiff, Maggie Ross, who purchased the chair and witnessed the child's injury and extensive medical treatment thereafter.

C. Defendants' Factual Contentions

1. Defendant, Atico, sources products, including folding chairs similar to the chair at issue in this litigation. With respect to the specific product at issue in this litigation, the folding chair, Atico does not design or manufacture the chair. Some of the products sourced by Atico, including folding chairs, are sold by Atico to Defendant, Walgreen; and Walgreen, in turn, sells those products to its own customers. It is not currently known if the subject chair was a chair sourced by Atico, or if it was a chair actually sold by Walgreen.

D. Defendants' Legal Contentions

1. It is currently unknown whether or not either Defendant was in the chain of distribution or sale of the subject chair. Further, the cause of the injury alleged by Plaintiffs is not known, and the nature and extent of any injury suffered by Plaintiffs are not known. The nature and extent of any comparative fault on the part of Plaintiffs or any third parties to the litigation is also unknown.

III. Orders Re Amendments To Pleadings

1. The parties do not anticipate amending the pleadings at this time.

IV. Factual Summary

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Tracy Ross is the duly appointed and acting Guardian ad Litem for Maggie Christina Ross.

2. Atico International USA, Inc. is a corporation organized and existing under the laws of the State of Delaware.

3. Walgreen Co. is a corporation organized and existing under the laws of the State of Illinois.

4. That Defendant Atico sourced chairs similar to the one at issue here from suppliers in China and distributed these similar chairs ...


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