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Martin County, NC Superior Court Raleigh

Martin County, NC Superior Court Raleigh

Settlement Date: April 21, 2006

Plaintiff’s Attorney(s): Burton Craig, Raleigh
Lloyd C. Smith, Jr., Windsor
Defendant’s Attorney: Withheld

Facts:

A 35 year-old man lost an eye when a grease gun hose detached and struck him in the face. He claimed the grease gun was defective, which the manufacturer denied. The case settled for $610,000 at a pretrial mediation.

Plaintiff was greasing the wheel of his bush hog with a grease gun manufactured by the defendant. As he was pumping, the hose detached from the hydraulic coupler being used to maintain oil pressure. The hose flew back and struck the plaintiff in the face.

Plaintiff alleged the barbed fitting separated from the hose, resulting in a defective product. He claimed defendant failed to warn of the defect and failed to take appropriate measures to remedy the defect.

Defendant denied the hose was defective and claimed the accident was the result of the plaintiff’s misuse of the grease gun. Defendant was unable to provide four years of quality control records from the Mexican plant where the part was manufactured and was unable to show how plaintiff may have misused the product.

Plaintiff Personal Data: Plaintiff was a 35 year old male employed as a heavy equipment operator.

Alleged Injury: Total loss of vision in the left eye. Plaintiff claimed $13,000 in past medical expenses and $2,000 in lost wages.

Case Caption: Anonymous Male v. Anonymous Manufacturer

Case Number: Withheld

Editor’s Note: Due to a confidentiality agreement, the court location was not disclosed. For the purpose of publication the court location was chosen at random.

Disclaimer: Case results depend on a variety of factors unique to each case. Previous results do not guarantee a similar outcome. Testimonials are specifically selected for their favorable content.

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