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ALEO v. SLB TOYS USA, INC.

SJC-11294

466 Mass. 398 (2013)

MICHAEL ALEO v. SLB TOYS USA, INC., & others.

Supreme Judicial Court of Massachusetts, Essex.

September 13, 2013.

Attorney(s) appearing for the Case

Gregory T. Parks , of Pennsylvania ( John J. McGivney with him) for Toys "R" Us, Inc., & another.

W. Thomas Smith ( Benjamin R. Zimmermann with him) for the plaintiff.

The following submitted briefs for amici curiae:

Deborah R. White , of Virginia, & Ashley C. Parrish & Karen F. Grohman , of the District of Columbia, for Retail Litigation Center, Inc.

Frederick B. Locker , of New York, & Thomas E. Peisch & Christopher K. Sweeney for Toy Industry Association, Inc.

Hugh F. Young, Jr. , of Virginia, John M. Thomas , of Michigan, & David R. Geiger & Joseph P. Lucia for Product Liability Advisory Council, Inc.

Thomas B. Drohan & Carl Valvo for Retailers Association of Massachusetts.

Christopher P. Flanagan & Christopher J. Seusing for Massachusetts Defense Lawyers Association.

Mary Alice McLarty & Jeffrey White , of the District of Columbia, & Timothy C. Kelleher & Thomas R. Murphy for American Association for Justice & another.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

LENK, J.

In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo4 attempted to use an inflatable swimming pool slide that had been imported and sold by Toys "R" Us, Inc., and Toysrus.com, LLC (collectively, Toys R Us).5 She slid down head first; when she reached the bottom of the slide, it collapsed, and her head struck the concrete deck of the swimming

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