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May 2010 verdict for members Robert Smith and David Escobar |
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May 2010 verdict for members Robert Smith and David Escobar. Plaintiff alleged product defect related to a 5 ton overhead hoist manufactured by defendant. Plaintiff was trained on the job to lift only straight up and down, but he and his co-workers had a practice of lifting a 1400 pound pack of oxygen bottles at an angle so they could put them near the wall even though the hoist track did not go all the way to the wall. Due to the angled lift, the wire rope overwrapped and got bound up on the frame of the hoist, snapped, and the bottles fell on plaintiff’s leg, causing multiple femur fractures. Defense counsel added plaintiff’s employer as a responsible third party. After more than 10 hours of deliberations, the jury assigned 60% of responsibility to the employer, 30% to the plaintiff, and only 10% to defendant manufacturer. Based on the percentages, defendant will pay less than $30,000 after offering $100,000 the Friday before trial.
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