Defense Verdict Obtained in Products Liability Case

Dustin J. Denning successfully defended our client, a hydraulic cattle chute manufacturer, in a jury trial in which the plaintiff alleged that a defect in design, manufacture and inspection/testing caused an o-ring to fail and forcefully spray hot hydraulic oil which caused an injection injury to his face.  The plaintiff alleged permanent scarring and disfigurement to his face, along with pain and suffering.  His claims included negligence, strict liability, breach of implied warranty, and breach of implied warranty of fitness for a particular purpose.  The plaintiff asked for just over $250,000 at trial.

We successfully argued that the plaintiff failed to present evidence of a design defect in the product.  We also established through expert testimony that the o-ring failure had nothing to do with something the manufacturer did or failed to do.  We argued that the manufacturer exercised ordinary care in the design of the Chute so that it would be reasonably safe for the use for which it was intended or which could reasonably be anticipated.  We also argued that the manufacturer made a reasonable inspection of the Chute for any defect, and that the manufacturer provided adequate warnings of such dangers which it reasonably anticipated.

After a three day jury trial, the Cloud County, Kansas, jury returned a unanimous verdict in favor of our client after deliberating about 1 hour and 20 minutes.