Ohio Lawyers Weekly
Negligence
Products liability –Wrongful Death -- Survival Action
Injuries alleged: Coma and death by traumatic asphyxiation
Name of case : Doe v. ABC Co., et al.
Court/case no.:
‘Wayne County Circuit Court,Detrolt, Ml, No. withheld
Name of Judge: Withheld
Amount of settlement: $2.6 million
Special damages: $50,000 in life support prior to death
Date : January 2000
Most helpful expert witnesses:
Ken Allison (refuse industries expert), San Diego, Cal.; Dan Pachecko (rnechanical/ forensics engineer). Chicago, Ill.
Attorney for Plaintiff:
Phillip A. Ciano, Cleveland, OH -
Attorney for Defendant:
Withheld
Other useful information:
The plaintiff’s decedent, a 30.year-old sanitation worker, was
trapped, asphyxiated end ultimately killed when a detective crusher
panel on a side-loading refuse truck malfunctioned.
Prior to the
plaintiff’s decedent’s Injury and death, the-Michigan Legislature
enacted a sweeping tort reform statute. The Tort Reform Statute capped
non-economic damages at $500,000 absent a showing of “gross
negligence” (i.e., evidence that the defendant knew, or should have
known, of the defective nature of the product at the time said product
was distributed into the marketplace).
The plaintiff named the
refuse truck manufacturer and distributor as defendants in the case.
After two years of litigation, the parties reached a global settlement
on behalf of the plaintiff in the amount of $2.6 million, and an
additional undisclosed structured settlement on behalf of the two minor
children.
The settlement is reportedly the largest amount
received in settlement and/or trial in a products liability action
tiled after the enactment of Michigan Tort Reform.
