CUNNINGHAM BY CUNNINGHAM v. Quaker Oats Co.

CURTIN, Chief Judge.

In 1971, infant Iain Cunningham of Ontario, Canada (“plaintiff infant”) ingested an object manufactured by defendant, and, as a result, suffered serious injury. 1 This case came to trial in June, 1981, at which time the jury awarded a total damage amount of $1,800,000 to Iain, $525,000 to his father, and $775,000 to his mother. 2

In an order dated May 2, 1983, this court held that Ontario law, applicable in this case, required that the jury’s verdict on the issue of Iain’s pain and suffering be reduced from $500,000 to $125,000. 3 It was also held at that time that Mr. and…