Products Liability Law Reporter

Doe and a colleague were walking near a lightweight wooden fence surrounding a restaurant’s outdoor dining area. When the colleague touched the fence, it allegedly collapsed, causing the two to lose their balance and fall. The colleague grabbed a shade sail structure’s heavy metal pole, which was embedded in an unstable wooden half-barrel filled with concrete, dirt, and gravel. The half-barrel tipped over, causing the pole to strike Doe’s head.

Doe suffered a traumatic brain injury, an extensive skull fracture, a left temporal hematoma, and another fracture, which necessitated surgeries and rehabilitation. He now experiences cognitive and executive functioning deficits.

Doe sued the shade sail manufacturer, alleging it was designed in an unreasonably dangerous and defective manner. Suit also alleged that the restaurant owner had negligently maintained the shade sail system, among other claims.

The parties settled for $12 million. The defendants’ contributions are confidential.

Citation: Doe v. Roe Mfr., Undisclosed Dkt. No. (Mass. Confidential Ct. June 21, 2023).

Plaintiff counsel: Paul E. Mitchell and John C. DeSimone, both of Boston.