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toys r us appeals $20m award in mass. slide death
On a warm summer day in July 1, 2006, Robin Oreo climbed 6-
The foot inflatable pool slides and the head slides down first.
As she approached the bottom, the slide partially collapsed and Aleo hit her head on the concrete pool deck, causing fatal damage.
Five years later, the jury awarded Aleo\'s family more than $20 million and found that the slides sold in Toys R & D city did not meet the federal swimming pool slide safety standards.
Wayne\'s toy fight city is due to overturn the ruling Monday at the Massachusetts Supreme Court.
The national chain argued that the 1976 consumer goods safety council regulations cited by the Aleo family do not apply to inflations
The ground pool slide is limited to the rigid pool slide.
Toys R & R also said the trial judge allowed lawyers from the Aleo family to accuse toys R & D of importing a \"illegal\" product because it relied on certification on the slide to comply with all safety regulations.
The 29-year-old Aleo is from the city of Wisconsin, Colorado.
When she went down the slide along the \"Banzai\" swimming pool, she was visiting relatives in Andover.
Her husband Michael and 15month-
The old daughter was watching when her head hit the pool deck.
She had a broken neck and died the next day at a hospital in Boston.
A jury at the Salem High Court awarded Aleo a $20 legacy.
In 2011, it was $6 million, including $2.
Aleo is expected to lose $5 million in revenue during her advertising and marketing career, $100,000 in pain and pain before her death, and $18 million in punitive damages.
Toys R & R believes that $18 million in punitive damages is \"too high \".
\"Aleo\'s husband\'s lawyer said the pool slide has been in compliance with federal safety standards since 1976.
Boston lawyer Benjamin Zimmerman says the standard applies to all pool slides, no matter what they are made.
However, Toys R & R said the standard is only for rigid slides, not flexible inflatable slides that have been popular in recent years.
There is no inflatable slide (
When regulation is in place)
\"Counsel for toy fight city argued in a legal brief filed on the appeal.
The company said the regulation \"establishes performance standards designed specifically for rigid slides, but the air does not meet them
Fill slide made of fabric like inflatable slide.
But Aleo\'s family said the regulation applies to all pool slides regardless of the material or structural features of the manufacture.
\"The slide has a manual and a small warning label near the foot of the climbing mountain, which says the weight limit is 200 pounds, but the safety standard requires that the slide can support up to 350 pounds.
According to the testimony at the trial, Aleo weighed 148 pounds.
A spokesman for Toys R & R said the company\'s policy is not to comment on pending litigation.
In the appeal brief, toys R. Us stated that the trial judge refused to accept the testimony of Aleo\'s abuse of the slide, and that some witnesses said that she \"jumped\" or \"dive\" off the slide head first.
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However, Zimmermann said that the witnesses who testified during the trial said that Aleo had slipped down the slide.
Michael Aleo\'s aunt and uncle purchased this slide from Toys R & D city via Amazon. com.
Toy R Us imported products from China to produce slides.
\"It has not been certified as necessary for such testing,\" Zimmermann said . \".
\"According to the standards of the federal Consumer Product Safety Commission and the Consumer Product Safety Act, products entering the country without certification have been tested by applicable standards, and he said:\" The sale of such products is illegal. \".
The commission announced on May 2012 that Toys R & D and Wal-Mart
Wal-Mart stores are recalling slides saying Aleo\'s death and injuries were caused by two other people, including a 24-year-oldyear-
Old man from Springfield, Missouri.
He became a patient with quadriasis and a woman from Pa Allentown.
She broke her neck.
The case of Aleo attracted the attention of the Toy Industry Association.
A trading group, with nearly 600 members accounting for 85% of America\'s annual trade. S.
Domestic toy market
There\'s a friend in the group. of-the-
The court briefing supports the toy fight city\'s position that consumer safety regulations do not apply to inflatable pool slides.
The organization said the safety committee had never considered applying the rule to \"constant air inflation\" slides because they did not exist when the rule was in 1970 seconds.
\"In any case, the security risks claimed by the plaintiff --
Damage caused by air pressure loss-
\"This is not one of the risks that the Commission is considering,\" the group argued in its briefing . \".
The group said the application of the regulation to inflatable slides \"exceeded Congress\'s mandate for consumer product safety rules.