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Chicago Trial Ends with $7.3 Million for Injured Child
Posted June 27, 2007
The insurance company offered less than $1 million to settle before the trial started.
The day after the jury was picked and opening statements were given Attorney Jason Abraham and his co-counsels settled Justin Misner’s case for $7.3 Million which will provide income to young Justin for the rest of his life.
On August 12, 2000 Justin Misner’s life was tragically changed. Then only 4 ½ years old he crawled onto his families deck to get a gas can which did not have a child resistant closure on it. Justin poured gasoline over his toy Jeep and himself, sat on the Jeep, pressed the accelerator and both he and the Jeep went up in flames.
Justin was taken by Flight for Life to Children’s Hospital of Wisconsin where he spent approximately three months enduring excruciatingly painful procedures to piece himself back together and save his life. Justin was severely burned over 50% of his body and will require a lifetime worth of treatment for both his physical and physiological injuries he sustained as a result of this incident.
The family immediately contacted Attorney Jason F. Abraham. In July of 2002 a lawsuit was started against the gas can manufacturer alleging that a child resistant closure should have been placed on the gas can at the time it was sold to the Misner’s. The gas can manufacturer denied any requirement or responsibility to place a child resistant closure on this gas can. This case was vigorously prosecuted on behalf of Justin Misner and vigorously defended on behalf of the gas can manufacturer. Hundreds of thousands of dollars were spent on behalf of Justin Misner in litigating the case.
The Judge set the case for trial on May 7, 2007. The defendant’s primary defense for not placing a child resistant closure on the can was that they were not legally required to do so because the cans were sold empty at the time of purchase. The defense relied on a claimed legal loophole even though they were aware that hundreds of children each year suffered injury by either drinking gasoline or being burned as a result of having access to the gasoline. Evidence showed that the vast majority of these incidents could be prevented by the use of child resistant closures that have been in existence since the 1960’s. In fact, at the time this gas can was sold to the Misner’s you could not buy Scope mouthwash or many other simple household products without having a child resistant closure on them. We were prepared to present evidence in Court that a child resistant closure on the gas can in question would have only cost the manufacturer between one half of a penny and four cents per can.
On May 7, 2007, all the parties showed up in court. For the first week of the trial, the lawyers argued about what evidence could and could not be introduced into the trial. During the beginning of the second week, a jury was selected and all sides gave their opening statements to the jury. With the witness testimony beginning, the insurance company for the gas can company finally agreed to resolve the case with a total payout of $7.3 million.
The Misner’s were extremely happy with this result. Although Justin will continue to have both the physical scars and emotional issues as a result of this tragic incident, we are pleased to report that he is doing well. We are also happy to report that most gas can manufactures now put child resistant closures on gas cans although it is not required by the federal government.
Hupy and Abraham, S.C. practices personal injury law in Wisconsin and Illinois. We have offices in Milwaukee, Madison and Appleton, Wisconsin and Gurnee, Rockford, Normal, Peoria and Decatur, Illinois. We have lawyers licensed in Wisconsin, Illinois and Missouri. | 
