Schmidt v. Int’l Playthings LLC, 536 F.Supp.3d 856 (D. N.M. 2021)

Schmidt v. Int’l Playthings LLC, 536 F.Supp.3d 856 (D. N.M. 2021)

In products liability case arising out of the choking death of a two-year-old child who died from choking on a Calico Critters toy, successfully defeated partial summary judgment filed by toy manufacturer, Epoch Everlasting Play, LLC and instead finding Epoch negligent per se because the toy, which has small parts that present a choking hazard and is marketed to children under three years age, violated Consumer Product Safety Commission Regulations and constituted a “banned hazardous substance.”

Justin R. Kaufman, PartnerRosalind Bienvenu, Partner