Product Liability

Finke v. Continental Equipment Mfg. Co., Inc.

(Harris County) Plaintiff brought suit against Defendant Continental alleging a product defect.  Plaintiff suffered a reflex sympathetic dystrophy (RSD) injury to his left hand.  Plaintiff was unable to work, and suffered severe pain in his left arm/hand for years (on going at the time of trial). Plaintiff was a cement truck driver.  Plaintiff alleged that the clearance between the drum hoop of the cement mixer and the drum constituted a nit.  As such, a nit was required to be guarded. 

Plaintiff’s medical expenses totaled $230,000.  The damages question was submitted conditionally, the jury answered liability Plaintiff 49%, Defendant 51%.  The jury awarded damages totaling approximately $470,000 after reduction for contributory negligence.