Mills v. Nintendo
In this matter, we defended both Golin-Harris, Inc, a videogame marketing company and Nintendo of America, Inc. Plaintiff, an actor, was hired to play Donkey Kong for a new videogame promotional event at the LA Zoo where the character would interact with children and they could test out the game. During the event, the actor started experiencing health issues but did not advise his escorts. That evening he suffered a Spontaneous Coronary Artery Dissection (aka “SCAD”), a rare cardiac event where a tear forms in one of the blood vessels of the heart. He claimed his SCAD was caused by inadequate breaks and heat illness from the costume. The defense experts disputed these claims and that a SCAD could even be caused in this manner. Plaintiff’s original demand was 27 million dollars. Settlement before trial was for an amount substantially less that is subject to a confidentiality clause in the settlement agreement.