Aleo v. SLB Toys USA, Inc., et al. (Lawyers Weekly No. 10-169-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11294 MICHAEL ALEO[1] vs. SLB TOYS USA, INC.,[2] & others.[3] Essex. May 6, 2013. ‑ September 13, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ. Evidence, Hearsay, Police report, Spontaneous utterance, Medical report, Expert opinion. Negligence, Defective product, Expert opinion, Standard of care, Gross negligence, Wrongful death. Warranty. Damages, Punitive. Civil action commenced in the Superior Court Department on October 31, 2008. The case was tried before Howard J. Whitehead, J. The Supreme Judicial Court granted an application for direct appellate review. 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: Debra 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. LENK, J. In 2006, while visiting relatives in Andover, twenty-nine year old Robin Aleo 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). 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 pool through the fabric of the slide. Robin’s upper two cervical vertebrae fractured, resulting in quadriplegia. She died the following day, after her family, in accordance with her wishes, decided to withdraw life support. In 2008, Michael Aleo, Robin’s widower, filed an action in the Superior Court, both individually and as administrator of Robin’s estate, against SLB Toys USA, Inc., and Amazon.com, Inc., alleging negligence, breach of the implied warranty of […]