Tthis case arose out of an accident involving a seven year old boy who was playing with a rope on a merry-go-round with an open platform. The rope wrapped around the base of the merry-go-round, tangled with his foot, and dragged him underneath the merry-go-round where his foot was badly broken, requiring two operations. Plaintiff contended that the merry-go-round, which was more than 25 years old had an open design not consistent with standards set forth in the 1990s. A biomechanical expert testified that the cause of the injury was the rope wrapping around the child’s ankle, which could have occurred with or without an open platform on the merry-go-round. The trial court granted a defense verdict.
Daisey Taylor, et al vs. Corcoran Jennison Management Co., et al., CDC No. 02-10631, Div. “E”. August, 2006.