$2 Million Settlement Reached In 'Chubby Bunny' Case

CHICAGO -- A lawsuit filed by the family of Catherine Fish, 12, who died after choking on marshmallows while playing a classroom game six years ago, was settled Thursday.

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Images: Settlement Reached In 'Chubby Bunny' Case

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The settlement came unexpectedly, reported Chicago TV station WMAQ, as jurors were prepared to hear testimony from the victim's parents and teacher during Thursday's court session. It was to have been the fifth day of testimony, but Cook County Circuit Court Judge Deborah Mary Dooling instead dismissed the jury after announcing the settlement.

Fish's family was awarded $2 million in the settlement, according to the family's lawyer.

Fish was playing a game called "chubby bunny" -- in which children see who can stuff the most marshmallows into their mouths -- at Hoffman Elementary School on June 4, 1999, when she passed out and died. The wrongful death lawsuit named as defendants teacher Kevin Dorken, who attorneys for both sides have said was out of the classroom when Fish passed out, and Glenview School District 34.

Defense attorney Thomas DiCianni referred questions on the settlement to the family's lawyer, but said, "There would have been no winners had this case gone to the end."

DiCianni added that the school and Dorken did not admit any wrongdoing in the settlement.

The girls' parents spoke outside the courtroom after the settlement was announced.

"We are happy that this is settled. The purpose of this suit was to inform parents, teachers and children about the hazards of games involving food products," John Fish said. "We do not want any other child to suffer the way that our daughter did."

"I just don't want anyone to go through my pain. It hurts too much," the victim's mother, Therese Fish, said.

The plaintiff's attorney, Francis Patrick Murphy, said he was "delighted" with the terms of the settlement.

"I don't believe this game (chubby bunny) will be played in any other classroom," Murphy said.