Case Archives: Product Liability Accidents

Affanato v. Merrill Bros., 547 F.2d 138 (1st Cir. 1977)

A default judgment against the defendant resulted in a decision that awarded damages to our client. Appellate court upheld the decision

Asphyxiation at concrete batching plant

Settlement reached against parent company for the family of a 39-year old plant worker who was buried alive and asphyxiated in a stone bin.

Asthma attack triggered by chemicals used during construction project

Settlement reached with a construction company that failed to ventilate a long-term care facility during renovations that caused an asthma attack in a nurse.

Carey v. General Motors Corp., 37 Mass. 736 (1979)

Following an automobile accident, The Massachusetts Supreme Judicial Court rejected General Motors’ appeal from a jury verdict that awarded damages to the two occupants injured by the faulty design of the car in which they were riding. Sugarman lawyers successfully argued that there were three defects in the car, each of which would be sufficient to cause the crash on its own.

Colter v. Barber-Greene Co., 403 Mass. 50 (1988)

A jury verdict in favor of a worker injured by a defective machine was affirmed on appeal to the Massachusetts Supreme Judicial Court.  Even though the jury found that the worker’s use of the machine was unreasonable, it also found that the manufacturer of the machine was negligent in its design.

Construction accident – defective formwork

Product liability settlement reached against the distributor of TAR Waller and the general contractor for injuries sustained by a construction foreman who fell when loop on wall formwork broke.

Construction site

Slab of concrete fell from ceiling of a building under construction causing serious injury to plaintiff. The contractor, mechanical engineer, and architect denied responsibility for locating and securing the slab. By starting with the original building plans from the 1900’s and working forward to the current renovations, we were able to show the responsibility of each. Received settlements from all defendants.

Defective aerial lift control design

Settlement reached for an electrical apprentice working on the Big Dig. Worker suffered an abdominal crush injury and an esophageal tear because of a malfunction with the bucket controls.

Defective aerial lift design

Settlement for the child’s family when young boy suffered severe brain damage that left him paralyzed, unable to speak or care for himself when an aerial lift truck he was riding in tipped over because of a design defect.

Defective airplane cargo loader

Settlement in product liability suit for a Logan Airport airline worker who sustained crush injuries to his pelvis and hip when the safety rails on a cargo loader failed to activate, allowing a 1,500 lb. pallet to move off the loader and land on the worker after the pallet fell approximately 15 feet. The accident occurred due to a manufacturing defect in an electronic sensor used to activate the safety rails whenever the loader was in operation.