Trial Magazine

Doe, 2, and his mother visited a children’s museum, which had an area of horizontal guardrails around a garden. Doe climbed to the top of the guardrails and lost his balance, causing him to fall six feet into the plant life below. Branches impaled his face and penetrated his brain. He now has reduced strength and dexterity on one side of his body, visual difficulties, and cognitive and emotional issues. His medical expenses were $675,000.

Suit against the museum alleged failure to fix a known hazard. The plaintiff asserted that the majority of other guardrails at the museum were covered with glass plating and other safeguards to prevent climbing and falls.

The defense argued that Doe had not been supervised properly.

The parties settled for $7 million.

Citation: Doe v. Roe Children’s Museum, Confidential Dkt. No. (Cal. Confidential Ct. Oct. 25, 2021).

Plaintiff counsel: AAJ members Elinor Leary and Clifton Smoot, both of San Francisco.

Plaintiff experts: John Culvenor, human factors, Melbourne, Australia; Mark Vaghei, architecture, Los Angeles; Robert Cooper, life care planning, Tacoma, Wash.; and Andrea Bradford, vocational rehabilitation, Austin, Texas.