$3.6M
Product Liability
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Case Details
Department of Transportation worker who lost part of her leg in the back of a dump truck while getting it ready for winter snow operations received a 3.6 million dollar verdict in Waterbury Superior Court on November 1, 2011. Her boot was entrained in the moving conveyor chain during a maintenance operation. The case was brought under Connecticut’s Product Liability Act and was pleaded under legal theories including Strict liability for Defective design, Breach of the Statutory Duty to provide warnings and instructions, Breach of warranty, and negligence. The manufacturer of the Dump bed had settled with the Plaintiff weeks before the Trial and was a settled and released party whose fault was considered by the jury for purposes of allocating fault between the Plaintiff, the manufacturer, and the remaining Defendant which was the dealer who sold the dump beds to the State under a procurement contract. The Jury allocated slightly less fault to the Manufacturer than to the Dealer who had the contract and primary relationship with the DOT and assigned 38% fault to the injured DOT worker as well resulting in a net verdict of slightly more than 1.3 million dollars to the worker in addition to a confidential sum obtained from the manufacturer shortly before Trial.
Additional Notes
Waterbury Superior Court. Net verdict of slightly more than 1.3 million dollars to the worker in addition to a confidential sum obtained from the manufacturer shortly before Trial. Total amount including confidential settlement is $3,600,000.