January 01, 2000

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.