Litigation & Arbitration
Jan. 11, 2023
Lawsuit tossed: death of a child ‘not a continuing wrong’
The lawsuit was filed in 2020 by the parents of two infants who died while using Rock n’ Play Sleepers in North Carolina and New York, where the statute of limitations for wrongful death is two years.
A Los Angeles County judge has granted defense motions for summary judgment on Mattel Inc. and Fisher-Price baby sleeper wrongful death claims because the statute of limitations is two years in New York and North Carolina, where the infants died.
“The death of a child, while most regrettable, is not analyzed as a ‘continuing wrong,’” Superior Court Judge William F. Highberger wrote in his Jan. 6 ruling granting Mattel’s and Fisher-Price’s ...
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