| While
reclining in a chaise lounge at the luxurious Monterey Plaza Hotel
& Spa, Mr. Martell severed the tip of his finger when the lounge on
which he was sitting flattened suddenly. WCP&A reconstructed this
accident and determined that the lounge flattened because Mr.
Martell’s wife disengaged the latch while he was sitting in the
chair. WCP&A also demonstrated that the design of the chair was not
defective: the design was identical to lounges provided by a dozen
other manufacturers, it complied with applicable standards, out of
thousands of chairs on the market for 10 to 30 years, there were no
prior incidents, and eliminating the design feature that severed Mr.
Martell's finger would eliminate the functionality.
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