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CUNNINGHAM BY CUNNINGHAM v. QUAKER OATS CO.

No. CIV-1973-343C.

639 F.Supp. 234 (1986)

Iain CUNNINGHAM, an Infant, by his parents Ronald J. CUNNINGHAM and Margaret Cunningham, and Ronald J. Cunningham and Margaret Cunningham, Plaintiffs, v. QUAKER OATS COMPANY, FISHER-PRICE DIVISION, Defendant.

United States District Court, W.D. New York.

Opinion on Proposed Final Judgments July 10, 1986.

Attorney(s) appearing for the Case

Swartz & Swartz (Alan L. Cantor, of counsel), Boston, Mass., and James M. Buckley, Buffalo, N.Y., for plaintiffs.

Phillips, Lytle, Hitchcock, Blaine & Huber (Alexander C. Cordes, of counsel), Buffalo, N.Y., for defendant.

CURTIN, Chief Judge.

In 1971, infant Iain Cunningham of Ontario, Canada ("plaintiff infant") ingested an object manufactured by defendant, and, as a result, suffered serious injury.1 This case came to trial in June, 1981, at which time the jury awarded a total damage amount of $1,800,000 to Iain, $525,000 to his father, and $775,000 to his mother.2

In an...

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