Olean, New York | $1,380,000 | Product Liability
A 48-year-old man, survived by his wife and three children ages 13, 12 and 10, was a turret lathe operator for Dresser Rand Corporation in Olean, New York when he was struck by a piece of steel that became disattached from the lathe. The decedent was working with a split-half piece of steel weighing approximately 175 pounds when it flew off the lathe and struck him in the chest, rupturing his aorta, causing his immediate death. Ballow was prepared to show at trial that split halves of steel had broken off various other turret lathes at the plant and that the defendant had knowledge of these prior incidents. He also argued that the machine should have come with a guard or shield in order to protect the operator of the lathe from being struck by pieces which become dislodged.
As part of the settlement, which was reached in Federal Court, the children, all minors at the time, will receive structured settlement annuities payable throughout their lifetime; particularly, assisting them financially during their college years.
