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$19,550,157 VERDICT – Product Liability – Asbestos Expsoure – Carpenter contracts ... - page 24 / 32

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SUPPLEMENTAL VERDICT DIGEST

PRODUCTS LIABILITY

$1,570,000 GROSS VERDICT - PRODUCT LIABILITY - DEFECTIVE DESIGN OF LADDER - LADDER RETRACTS DURING USE - FALL TO GROUND - HEAD INJURY - TEN-DAY COMA - WRONGFUL DEATH - 80% COMPARATIVE NEGLIGENCE FOUND.

Miami-Dade County, FL

This was a products liability action against the manufacturer of a ladder from which the decedent fell and sustained a fatal head injury. The plaintiff alleged that the ladder was defectively designed in that the side pins did not lock properly, thereby causing it to retract under the decedent’s weight. The plaintiff also alleged that the defendant manufacturer was negligent in the manner in which it manufactured the ladder. The defendants in the case also included Home Depot where the ladder had been purchased. The defendants maintained that the accident was caused by the decedent’s own negligence in failing to properly lock the ladder before climbing it.

ufacturer 20% negligent and the decedent 80% comparatively negligent. The plaintiff was awarded $1,570,000 in damages, which was reduced to a net award of $314,000. Post-trial motions are currently pending.

REFERENCE

Coba vs. Tricam Industries, Inc. Case no. 07-29041 CA 21; Judge William Thomas, 08-26-10.

Attorneys for plaintiff: Orlando D. Cabeza and Peter L. DeMahy of DeMahy, Labrador, Drake, Payne & Cabeza in Coral Gables, FL. Attorneys for defendant: Jeffrey A. Mowers of Pyszka, Blackmon, Levy, Mowers & Kelley in Miami Lakes, FL, and Paul Kaulus (pro hac vice) in Chicago, IL.

The jury found that the ladder in question was not de- fective, but found that the defendant manufacturer was negligent. The jury assessed the defendant man-

$1,500,000 VERDICT - PRODUCTS LIABILITY - FAILURE TO WARN - PLAINTIFF SNOWMOBILE REVS ENGINE TO CLEAN SPARK PLUGS WHILE LIFTING END OF VEHICLE - TRACK BREAKS AND STRIKES PLAINTIFF IN LEG - ABOVE-THE-KNEE AMPUTATION - CASE PREVIOUSLY TRIED AND RESULTED IN AWARDS - DEFENDANT REJECTS $900,000 ADDITUR AND CASE RETRIED ON ISSUE OF PAIN AND SUFFERING ONLY.

Morris County, NJ

This case involved a 61-year-old plaintiff who was visiting a friend in upstate New York for a weekend of snowmobiling. The plaintiff contended that the snowmobile was defective for the failure to warn against the common practice of cleaning carbon build up on the spark plugs while revving the engine as the back end of the snowmobile was held up. The plaintiff contended that as he and another individual were holding up the back end of the vehicle while the owner

revved the engine with the throttle, the track broke and was propelled out of the rear and through the plaintiff’s right leg.

The jury awarded $1,500,000 for pain and suffering.

REFERENCE

Mohr vs. Yamaha Motor Co. Docket no. MRS-L-2068- 07; Judge Robert Brennan, 04-14-11.

Attorney for plaintiff: Herbert M. Korn of Law Offices of Herbert M. Korn in Morristown, NJ.

Volume 28, Issue 9, September 2011

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