Ronald Metzgar placed his fifteen-month-old son, Matthew, awake and healthy in his playpen. Ronald left the room for five minutes and on his return found Matthew lifeless. A toy block had lodged in the boy's throat, causing him to choke to death. Ronald called 911, but efforts to revive Matthew were to no avail. There was no warning of choking hazard on the box containing the block. Matthew's parents hired an attorney and sued Playskool, Inc., the manufacturer of the block, alleging that the manufacturer had been negligent in failing to warn of the block's hazard. Playschool filed a motion for summary judgment, arguing that the danger of a young child choking on a small block was obvious. Using the information presented in the chapter, answer the following questions.
- Suppose that the attorney the Metzgars hired agreed to represent them on a contingency-fee basis. What does that mean?
- How would the Metzgars' attorney likely have served process (the summons and complaint) on Playskool Inc.?
- Should Playskool's request for summary judgment be granted? Why or why not?
- Suppose that the judge denied Playskool's motion and the case proceeded to trial. After hearing all the evidence, the jury found in favor of the defendant. What options do the plaintiffs have at this point if they are not satisfied with the verdict?