Buckeyballs manufacturer and local school district sued by mother of student who swallowed magnetic toy

By Kyle Barnett | Jan 9, 2013

Anthony D. Irpino

GRETNA – The mother of a local elementary school student has filed a product liability lawsuit against a toy manufacturer after her daughter allegedly swallowed a magnetic toy at school.

The woman also is suing the school and the mother of a fellow student.

Mary Firmin, on behalf of her minor daughter, filed suit against Buckeyballs, Maxfield & Oberton Holdings, Jefferson Parish School Board, Harahan Elementary School, Viola Callier, Jennifer Galloway, on behalf of her minor child, and their insurers in the 24th Judicial District Court on Nov. 14.

Firmin claims her daughter was attending Harahan Elementary School when she was given a magnetic Buckeyballs by Galloway’s son. The girl swallowed one of toys. Before the incident occurred Callier, as principal of the school, is alleged to have previously confiscated Buckeyballs when she found out about their presence on the school grounds due to the risk of students swallowing them.

Maxfield & Oberton Holdings is accused of producing an inherently dangerous product capable of harming children and even resulting in their death, not effectively labeling the product as a hazard and producing a defective product.

The school is accused of failing to provide adequate warning to parents after discovering the potential hazards of the product, failing to take all reasonable evasive action to avoid the accident, negligent supervision of children and breach of fiduciary duty.

Galloway is accused of failing to take responsible evasive action to avoid the incident, negligent supervision of her child and breach of fiduciary duty.

An unspecified amount in damages is sought for mental pain and suffering, physical pain and suffering, medical expenses, inconvenience, loss of enjoyment of life, loss of earning capacity and attorney’s fees.

Firmin is represented by the New Orleans-based Irpino Law Firm.

The case has been assigned to Division D Judge Robert M. Murphy.

Case no. 721-073.

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