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$2.6 Million dollar settlement in First Michigan Post-Tort Reform Products Liability Action

June 05, 2000

Ohio Lawyer's Weekly - Verdicts and Settlements  

Jane Doe, Rep. of the Estate of John Doe, etc. v. ABC Corporation, et al.

Type of Case: Products Liability/Wrongful Death
Settlement: $2,600,000
Plaintiff�s Counsel: Phillip A. Ciano
Defendant Counsel: Withheld
Court: Wayne County Circuit Court
Date: December, 1999
Insurance Company: Withheld
Damages: Economic loss; pre-death pain and suffering; wrongful death damages

Summary: Plaintiff�s decedent, a 31 year old sanitation worker, was trapped and asphyxiated behind the defective crusher panel of a side-loading refuse truck.
Plaintiff�s counsel pursued the case under theories of general negligence and products liability. Due to the State of Michigan�s Tort Reform Statute, Plaintiff�s non-economic damages were capped at $500,000. Plaintiff�s decedent was survived by his spouse and two minor children.

Plaintiff�s Experts: Ken Allison (Sanitation Industry/Training Expert); Daniel Pacheko (Engineering);Robert Breen (Human Factors)
Defendant Experts: Not Listed