Products Liability Law Reporter

J.B., a young child, was playing with his siblings in his bedroom, which had an Angel Line Fremont Twin-over-Twin bunk bed. J.B. fell into the gap between the top rung of the bunk bed’s ladder and the bottom of the upper bed frame. His sibling attempted to free him, and J.B.’s mother came immediately into the bedroom, where she found J.B. unresponsive. She attempted unsuccessfully to revive him. The cause of death was determined to be positional asphyxia resulting from chest compression.

J.B.’s estate sued the designer and manufacturer, Moash Enterprise Co., alleging that the bed’s design failed to conform to safety standards or best practices for bunk beds or furniture intended to be used by children. Other reasonable designs would have eliminated the hazards associated with the narrow opening, the plaintiff claimed. Suit also alleged the defendant failed to provide a sufficient warning or instruction regarding the risk of positional asphyxiation or strangulation. The plaintiff further claimed that the news of J.B.’s death was not timely sent to the Consumer Product Safety Commission, thus delaying both a government investigation and a recall.

The jury awarded $787 million, including $522 million in punitive damages.

Citation: Cooper v. Moash Enter. Co., No. 2:20-cv-3332 (S.D. Ohio Oct. 11, 2023).

Plaintiff counsel: AAJ members Daniel Mordarski and John Camillus, both of Columbus, Ohio; and Charles Rabold, Lorain, Ohio.