Verdicts & Settlements August 22, 2011: Parents settle lawsuit over

The parents of a baby who died after being scalded during a bath in her apartment settled their wrongful death lawsuit against the landlord and the water heater manufacturer for $490,000, the plaintiffs' attorney said.

Defendants' Experts: Mark Hunter, Pleasant Hill, Calif. (plumbing code); Lou Grasse, St. Louis (plumbing code)The defense also countered that the plumbing code didn't require installation of a temperature control device in the sink, that the code's restrictions on water temperature didn't apply to kitchen sinks and that they weren't enforced on such water heaters.The defendants denied liability. The primary defense argument was that the mother's leaving the baby alone led to her injuries, the defense attorney for the landlord said.Plaintiffs' Experts: Kenneth Diller, Austin, Texas (biomedical engineering); Ron George, Detroit (plumbing code); Dr. Jane Turner, St. Louis (forensic pathology); Neil Peters, St. Louis (fire)The plaintiff's expert found 18 plumbing code violations in the apartment, including for water temperature, Lemonds said, but the landlord argued most were minor or irrelevant to the scalding claim.The 11-month-old disabled infant and her 2-year-old sister were being bathed in the kitchen sink of their apartment in April 2008 by their mother, who was mentally handicapped, said plaintiffs' attorney James Lemonds.Court: ConfidentialCase Number/Date: Confidential/Jan. 31, 2011$490,000 settlementCaption: Confidential v. ConfidentialThe woman left the children alone for a time, and the 2-year-old managed to turn off the cold water, leaving only hot water -- with a temperature of more than 150 degrees -- to run over the baby, he said.As part of the settlement agreement, the names of the defendants, the court where the case was filed and the defense attorney were kept confidential, the attorneys said.The woman's sister also told the landlord that she suspected the woman intentionally scalded the baby and delayed seeking medical treatment, said Lemonds, of Brown & Crouppen in St. Louis.Defendants' Attorney: ConfidentialPlaintiffs' Attorneys: James Lemonds and Andrea McNairy, Brown & Crouppen, St. Louis"This really was caused first and foremost by the mother leaving her child unattended in the sink," the lawyer said.The plaintiffs sued the landlord and the maker of the apartment's water heater for wrongful death and product liability, alleging among other points that the water heater should've included a temperature control device to prevent the water from getting so hot. The water heater was capable of heating water to 160 degrees, but plaintiffs alleged the plumbing code held that water shouldn't exceed 140 degrees.Wrongful death

Defendants' Attorney: Confidential