Verdicts- Firm Obtains Defense Verdict in Product Liability Case The case was tried on behalf of Strongwell Corporation by Griffith Winthrop and Mark Ruff of the firm. Riley Allen and Scott Murphy of Allen & Murphy, P.A. tried the case on behalf of the Plaintiffs. The ladder manufacturer, Cuprum, was represented by Robert Mansbach of Zimmerman, Shuffield, Kiser and Sutcliffe, P.A.The Plaintiffs alleged that Frank Gay climbed a twenty-four (24) foot extension ladder and the ladder failed, causing Mr. Gay to fall to the ground. Mr. Gay alleged that he suffered re-injury to his neck and new injury to his hip due to the fall. According to the Plaintiffs, the upper right portion of the ladder rail of the base of the ladder broke and a bracket that kept the two segments of ladder together, the guide iron, detached from the base with the broken pieces, permitting the ladder to separate. The Plaintiff fell approximately 18 feet as a result of this alleged failure and separation. The Strongwell Corporation made the fiberglass rails of the ladder. The ladder was assembled and finished by Cuprum and distributed by Davidson Ladders, Inc. Gabriella Gay, Frank Gay’s wife, is claimed that she has lost the services and consortium of her husband. Witnesses testified that the ladder was extended so that Mr. Gay could climb onto the roof of his business and check the roof for leaks following a rainstorm. They also testified that the ladder was in good condition before the fall and that it broke while Mr. Gay was climbing it. The Plaintiff’s experts testified that the ladder failed as a result of a combination of design and manufacturing defects attributable to Cuprum and Strongwell. As for Strongwell, the Plaintiffs’ experts asserted that un-wetted fibers in the upper right portion of the ladder rail of the base of the ladder left that portion of the ladder in a weakened state, contributing to the ladder rail breaking and permitting the guide bracket to become unattached from the base. According to the Plaintiffs’ experts, this is a manufacturing defect. As for Cuprum, the Plaintiffs’ experts assert that improper swedging of the ladder rails to the aluminum rungs caused additional microscopic cracks in the ladder rail further weakening the rail and contributing to the break and separation. Defense experts testified that the damage seen to the ladder could not have been caused by the events as described by Mr. Gay. The upper right portion of the base of the ladder appears to have been damaged by an outward prying force or blow rather than by downward stress as would have occurred when in use. Exemplar testing demonstrated the ladder did not fail as alleged by Frank Gay. Microscopic analysis of the accident ladder did not reveal a significant amount of un-wetted fibers. Strongwell's witnesses were very knowledgeable about the pultrusion process used to create fiberglass ladder rails. Testimony about the very strict QA procedures followed by Strongwell, and Strongwell’s strict adherence to ANSI guidelines and ASTM testing procedures was offered. Eyewitnesses to the alleged incident did not observe the ladder break apart as Plaintiff claimed. One witness also testified that he did not hear any cracking noise and was not aware that the ladder even was broken until a month or two following the incident when he went to use it on a job. Damages claimed included: a worker’s compensation lien from medical expenses and lost wages totaling $85,140; future medical expenses of $65,000; potential profits totaling $304,394 from Frank Gay Plumbing’s Miami office; loss of future profits totaling $15,350; lost wages from 1997 to 2000, totaling $256,600; and future manager wages for fifteen (15) years totaling $1,267,500.00, among other alleged damages. The jury deliberated for 22 hours after an eight day trial and returned a verdict in favor of our client, Strongwell Corporation. The jury awarded $3,076,190 against the Co-Defendant. The Court has entered final judgment in favor of Strongwell and against the Plaintiffs on all counts of this action. The Plaintiffs’ pre-trial demand to Strongwell was $1,500,000. Having served the Plaintiffs with a proposal for settlement on behalf of Strongwell, we sought to recover attorney’s fees as a result of the verdict. The Plaintiffs have opted not to appeal the verdict or judgment in favor of Strongwell. Kudos to Peggy Hollister of Chubb Group of Insurance Companies, and to John Tickle, President of Strongwell, for allowing us to take this case to trial. |