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$8.8M Awarded In Defective Product Suit

A New York jury has awarded a 21-year-old woman $8.8 million for injuries she suffered when the pocket of her coat was caught on a bolt of a digger being operated by her stepfather.

The bolt was protruding from the drive shaft of an auger-like post-hole digger and her arm wrapped around the digger when the pocket was caught on the bolt, resulting in the loss of her arm in 2004 when she was only 16-year-old.

The jury cited the manufacturer of the digger, Ford New Holland (now known as Case New Holland) for selling a defective product.   The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke under normal use and was removed by Peter A. Smith, the owner of the digger, in 1999.  The lawsuit alleges the shield was always inadequate and there is nothing to support the fact it was ever tested.

The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the  owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

Products are often made carelessly, designed without using the most appropriate design standards, are haphazardly tested, or have insufficient instructions, warnings or labels. This includes products around the home.

Personal injury cases involving defective products often involve serious injury and permanent disability. A qualified and experienced personal injury lawyer is needed to make sure you receive the maximum compensation for your loss.

 

 

 

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Posted by 3:13 pm

Another Automotive Recall – Ford Pickup Trucks

The Associated Press has reported Ford Motor Co. will recall almost 150,000 F-150 pickup trucks from 2005-2006 in the U.S. and Canada to fix the air bags.  In what Ford calls a “relatively low risk”, the air bags could deploy without warning.

One would imagine the “relative low risk” factor would vary depending on if you are the driver or an innocent victim when the air bag deploys unexpectedly while driving down a busy street.  Even one severe injury or death is too much when a known problem exists.  This is 2011 – why we are hearing about the 2005-2006 models six years later?

This recall is much smaller than the government wanted.  Citing dozens of injuries, the National Highway Traffic Safety Administration told the company the recall should cover 1.3 million vehicles from the 2004-2006 model years.

Unexpected personal injury from a defective product is a concern for Crouse Law Offices, especially when a severe injury or even death can occur.  If you or a loved one has been injured by a defective product, call us today at 1-919-861-0500 or use our online contact form.

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Posted by 12:41 pm

John Deere Faces Wrongful Death Lawsuit

The family and estate of a young man killed when he was thrown from a John Deere Dozer and killed during heavy equipment operator school at Associated Training Services of Texas, reports the Southeast Texas Record. 

The lawsuit has been filed against Indiana Mills & Manufacturing Inc. and Deere & Co. The original complaint states the student traveled over a ridge of dirt and then on to a slope when he was thrown from the bulldozer to the ground.  The Dozer continued moving and ran over the young man, killing him. 

Indians Mills & Manufacturing is accused of negligence and strict liability over the design and function of its seatbelt and buckle. John Deere is accused of negligence and strict liability for using an unsafe seatbelt and for failing to use due care and caution in the design and manufacture of the Dozer. 

The family is asking for wrongful death damages, survival damages, compensatory damages, interest, and court costs.

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Posted by 3:00 pm

Claim Of Defective Seats Brings Wrongful Death Lawsuit Against Honda

A lawsuit has been filed in Texas against Honda Motor Co., Ltd. by the parents of a young woman who died in her 2005 Honda Civic in April of this year, reports the Southeast Texas Record. 

The young woman died when she lost control of her car and skidded off the rain slick road. She hit several trees and even though she was wearing a seatbelt, she was killed when her seat collapsed and she was thrown into the back seat. 

The lawsuit claims the Honda Civic violated the principles of crashworthiness by failing to provide adequate restraint and failed to prevent ejection.  It also claims the car was unreasonably dangerous and defective because the collapsing seat exposed the driver to the risk, hazard and danger of ejection.  Honda is accused of not conducting adequate testing and proper engineering analysis.

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Posted by 11:51 am

$132M Awarded In Ford Rollover Crash

A Jasper County (Mississippi) jury has awarded the family of a young man killed in a rollover crash in 2001 $132 million – the largest award ever against Ford in a lawsuit involving a Ford Explorer or a Ford Expedition reports the Clarion-Ledger.

The 22-year-old, a Meridian High School standout and a top New York Mets baseball prospect, was killed in March 2001 when he was thrown from a 2001 Ford Explorer.  He was driving to spring training in Port St. Lucie, Fl., when he veered to avoid a vehicle and the Ford SUV rolled over.  The lawsuit blamed the death on a defective seatbelt and the tendency for that model Ford to rollover.  Ford settled for an undisclosed amount in the punitive-damage phase of the lawsuit. 

A passenger in the Ford Explorer received $1.5 million for the injuries he sustained in the crash. 

Ford’s corporate spokesman stated excessive speed and the fact the victim was not wearing a seat belt caused the young man’s death. 

Last year, the U.S. Supreme Court upheld an $82.6 million verdict awarded to a woman in California who was paralyzed in an Explorer rollover.

At Crouse Law Offices we have vast experience in product liablity and wrongful death.  If you have been injured or have had a loved one  killed due to a defective product, call us at 1-919-861-0500 or contact us online.

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Posted by 2:46 pm

N.C. Couple Receives $1.5M Awarded For Post-Surgery Injury Caused By Hernia Patch

A North Carolina couple has been awarded $1.5 million by a federal jury for injuries the husband suffered when a hernia patch ruptured in his abdomen following surgery, reports The Providence Journal. 

The patch, made by Cranston firm Davol Inc. was implanted in the 52-year-old man in 2005 to repair an abdominal hernia.  The mesh patches are folded in half and inserted behind the hernia through a small incision.  Once inserted it’s supposed to open, but this ring broke under the stress and traveled inside the body, causing swelling, pain and an abscess which had to be drained constantly.  So far he has undergone several surgeries to repair the damage with more expected in the future. He will be able to lift only 5 to 10 pounds for the rest of his life. 

The jury found Doval and its parent company, C.R. Bard Inc., had failed to warn about the dangers of the mesh path and the poor design of the patch was the cause of the couple’s suffering. They awarded $1.3 million to the husband and $200,000 to his wife for the time she spent dressing his wounds.

This case was the second of about 3,000 involving the Kugel Mesh hernia-repair patch made by Davol. 

Defective design, defective manufacture and failure to warn about potential hazards of products are three ways to claim a product is defective.  If you or a loved one suffered a personal injury due to a defective product, contact the experienced attorneys at Crouse Law Firm at 1-919-861-0500 or use our online form.  There is no cost to evaluate your case.

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Posted by 2:44 pm

$3.8M Paid To Man Injured In Boating Accident

The Dallas Morning News reports a federal jury has ordered a boat manufacturer to pay $3.8 million to a man who was injured in a boating accident on Lake Austin.

An 18-year-old lost part of his leg while he was wakeboarding on July 4, 2007. The lawsuit alleged the boat, made by the Brunswick Corp., did not have proper safety devices in place to prevent such an accident. The suit claimed the young man’s leg became tangled in the propeller because the boat did not have guards and covers to protect him from becoming stuck in the propeller.

The company is considering an appeal.

North Carolina’s beautiful lakes and coastline present plenty of opportunity to enjoy every type boating and unfortunately, every type of boating accidents which result in personal injury. Crouse Law Firm has the technical and legal experience, both nationally and internationally, to sucessfully handle your personal injury concerns. If you or someone you care about has been injured or killed due to a faulty product, contact us today online or call us at 1-919- 861-0500.

Boating Personal Injury

Posted by 3:20 pm

General Motors Recalls Vehicles Due To Fire Danger

General Motors is recalling the 2010 Chevrolet Express GMC Savana built in
February and March because the alternator could cause a fire, reports U.S News and World Report.

GM is stopping the production and sale of these two vehicles until a solution can be found and the problem fixed. The recall affects about 5,000 vehicles of the 2500 and 3500 series heavy-duty models. Among all the recalls in the auto industry over recent months, this is one of only a few in which the auto maker stopped all sales of the product.

Three fires so far have been related to the alternator, with been no injuries or accidents reported. Owners of these models are asked to stop driving them, park them away fro buildings and other vehicles and to disconnect both battery cables.

Crouse Law Firm has vast experience in handling product liabiltiy cases. If you or someone you care about has been injured or killed due to a faulty product, contact us today online or call us at 1-919- 861-0500.

GM Vehicle Vehicle Recall

Posted by 10:13 pm

$33M Awarded In Deadly Accident Due To Faulty Tires

Tire Review reports an Iowa jury has ruled against Cooper Tire & Rubber Co. in a deadly rollover crash in 2007 and awarded seven passengers $33 million.

In the lawsuit, the plaintiffs alleged a manufacturing flaw in the tires caused the tread separation and the driver to lose control of the vehicle. The 1997 Plymouth Grand Voyager minivan carrying the passengers rolled over, killing one passenger, paralyzing another, and injuring the other five.

Cooper denies the tires were at fault and is expected to appeal the verdict.

Crouse Law Firm has the technical and legal experience, both nationally and internationally, to sucessfully handle product liabiltiy cases. If you or someone you care about has been injured or killed due to a faulty product, contact us today online or call us at 1-919- 861-0500.

Car Crash Due To Faulty Tires

Posted by 3:36 pm

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