DAYTONA BEACH, Fla. -- A research and development specialist for Wham-O Manufacturing Co. admitted Tuesday the toy that killed a 4-year-old Holly Hill boy was potentially dangerous.
'I feel that it's definitely a potential hazard, based on the fact that two children did die,' said Darle Kerkenbush, Wham-O research director under questioning by attorney Melvin Belli.
The toy -- a 'Water Wiggle' -- caused the death of Jon Christopher McCabe on March 25, 1978. The boy somehow got the end of the water-spewing toy stuck in his mouth and died as his father tried vainly to pry it out.
Jon's was the second death attributed to the backyard toy that jumps around when attached to a spigot. Marcus Maloney died in 1975 in Baton Rouge, La., in a nearly identical accident.
That death was classified a freak accident by the Consumer Product Safety Commission, Kerkenbush said, and the company decided not to take the toy off the market.
After Jon died, however, the California firm recalled some 3 million Water Wiggles manufactured since 1961. About 85,000 were returned.
The McCabe family is suing Wham-O for 'more than $1 million' and attorneys in the case suggest total damages asked may wind up at more than $5 million when the jury gets the case.
Also testifying Tuesday was Joey McCabe, now 10. He told the court how he saw his brother squirming on the ground, the toy pushed down his throat.
'I went around and turned off the water,' he said. Then he went inside to get his father, who couldn't get the toy from his son's throat.
Craig Cameron, Wham-O's lawyer, asked Joey about a tussle he had with a neighborhood dog over the toy. During the pulling contest the face of the 'Water Wiggle' was pulled off, exposing the lethal hook.
Cameron and Wham-O contend the company can't be held responsible for a toy damaged by a dog and which otherwise met proper safety standards. He also says McCabe should have noticed the toy was damaged before he let the boys play with it.
The case is expected to go to the jury later at the end of the week.
