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Settlement reached in product liability case

By: WISCONSIN LAW JOURNAL STAFF//January 19, 2022//

Settlement reached in product liability case

By: WISCONSIN LAW JOURNAL STAFF//January 19, 2022//

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A product liability settlement has been reached in the case of Joshua Gibson vs. Armor Lite Trailer Manufacturing, LLC, et al. (Case Number 3:20-CV-01088-SLC).

Joshua Gibson was working for Kafka Granite in Mosinee at the time of his accident on Sept. 25, 2018. That day, he was washing out his trailer, whose door had a chain/keyhole latching system. While he was cleaning the trailer, the chain released from the keyhole, causing the door to swing away from the side of the trailer toward the closed position, causing crushing injuries to Gibson and ultimate amputation of his lower right leg.

Armor Lite manufactured the trailer and the door latching mechanism. Plaintiff’s attorneys argued that the chain/keyhole system on the subject trailer was defective in design because the foreseeable risk of harm posed by the product, due to the chain’s potential to release from the keyhole, could have been reduced or avoided by the adoption of a reasonable alternative design by Armor Lite. In addition, the Armor Lite chain and keyhole system lacked any engineering analysis, and Armor Lite had failed to conduct a Hazard Analysis or Failure Mode and Effects Analysis.

The injuries alleged in the case included crushing injuries resulting in below-the-knee amputation of the right leg.

Joseph McDevitt of McDevitt Mediation Services handled the case, which was resolved on Nov. 4 for a confidential amount.

Attorney for the plaintiff was Timothy Trecek of Habush Habush & Rottier, and the attorney for the defendant was Mark Broderick of SmithAmundsen.

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