The Estate of Max Harrell (deceased) v. Gaylord Foundry
Equipment Co., et al. - 1998
Plaintiff Max Harrell, deceased, was a 61-year-old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air. Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack, which resulted in suffocation and death. The widow brought suit alleging product defect and failure to warn. Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.
Settlement at Trial: $575,000.00 Wrongful Death Workplace Injury Product Defect
Randall Figuly v. Fortune Products, Inc. et al. - 1998
Plaintiff, a 26-year-old line cook, was injured when the knife sharpener he was utilizing fractured in his hand allowing the knife to run free lacerating his wrist, partially severing the nerves, tendons, and muscles in his left hand. Plaintiff alleged negligent design, manufacture and inadequate warnings on the knife sharpener. Defendants contended misuse of the product by the Plaintiff and his employer.
Settlement: $436,838.00 Product Defect
Jane Doe v. XYZ Company -1998
Plaintiff,
purchased and consumed ice cream from defendant which was
contaminiated with listeria bacteria resulting in a surical
diversion of her colon. (colectomy), which was later reversed.
Settlement: $100,000.00 Product Defect
Joe Frankovich v. Asplundh Tree Expert Co., et al. -1995
Plaintiff, an electrical lineman, suffered electrocution when he came in contact with 13,700 volt tension lines while working in an Asplundh line lift bucket truck. Plaintiffs alleged design defect in the controls of the bucket in that they were confusing and reversed directions when the bucket was operated in an over center position (over 90°), making it unreasonably dangerous to the operator. Mr. Frankovich lost his left arm, all his back muscles and suffered serious internal injuries.
Settlement: $2,450,000.00 Product Defect
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