September 19, 2024
ShareKelley Kronenberg Secures Favorable Settlement in $2M Theme Park Case
Kelley Kronenberg Attorney Alexandra Mena and Partner/Business Unit Leader David Gordon of the firm’s General Liability and Third-Party Insurance Defense Division negotiated a favorable settlement for a large seasoning and spice company. The case, valued at $2M by the plaintiffs, was pending before Florida’s Ninth Judicial Circuit Court in Orange County.
The lawsuit involved allegations that a minor child choked on french fries containing “splinters” that became lodged in the child’s tonsils at a popular theme park. The plaintiffs filed claims for Strict Products Liability and General Negligence, seeking $2M in damages, which represented the policy limits.
Alexandra and David developed a defense strategy that challenged the origin of the alleged “splinters.” They asserted that the foreign objects did not come from their client’s product, noting that the french fries were manufactured by a third party and prepared by employees of the theme park. The defense also presented alternative explanations for the child’s condition, including pre-existing tonsil issues.
Despite the challenges presented by the Strict Products Liability claim, our team effectively positioned our client’s defense. They were even prepared to conduct analysis and testing of the alleged “splinter” to support their case and emphasize potential liability of other parties involved in the food preparation process.
Through strategic negotiations, Alexandra and David secured a settlement of approximately 1.125% of the projected exposure, based on the plaintiffs’ initial demand. This outcome significantly reduced the client’s financial exposure and mitigated potential reputational risks.
This case demonstrates Kelley Kronenberg’s capability in handling complex, high-value litigation and achieving favorable outcomes for corporate clients facing substantial claims.
To learn more about how Kelley Kronenberg’s General Liability and Third-Party Insurance Defense Division defends clients against high-value claims in complex cases involving major tourist attractions, and how we can assist with strategic negotiations to achieve favorable settlements, click here.