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Kevin Schmude vs. Tricam Industries, Inc.


Injuries claimed: Back, bulging discs, neck and back.

Court: U.S. District Court for Eastern District of WI

Case name: Kevin Schmude vs. Tricam Industries, Inc.

Case number: 07-CV-457

Verdict & settlement: Verdict in favor of plaintiff

Award: $677,318

Special damages: Plaintiff’s past medical expenses: $29,773; plaintiff’s past wage loss: 99,090; plaintiff’s future loss of earning capacity: 183,000

Date of incident: Sept. 16, 2004

Disposition date: March 24-26, 2008

Plaintiffs attorney (firm): D. J. Weis, Habush, Habush & Rottier, S.C.

Defendants attorney (firm): Paul Kaulas, McVey & Parsky, LLC

Plaintiffs expert witnesses: Dennis Simpson, Jon VerHalen, electronics, Eden Prairie, MN; Dr. Marc Durette, Physical Medicine of Northern WI, Rhinelander; Greg Wisniewski, Madison; Stan Johnson, Stan Johnson Design, Mechanical Engineering/Design, Brookfield
Defendants expert witnesses: Dr. Stephen Weiss, Orthopaedic Surgeon, Madison

Plaintiff counsel’s summary of the facts: Plaintiff climbed newly purchased ladder which was manufactured by the defendant, in course of his employment. As he began to work while standing on ladder, the ladder fell out from underneath him. When the ladder was found after the accident, a rivet, subsequently determined to be defective; was found on the floor.

The plaintiff contended that he fell due to the failure of this rivet, which fell out of the ladder and therefore destabilized the ladder, resulting in the fall. The defense contended that the rivet came out as a result of the plaintiff falling on the ladder after he lost his balance.

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