Bobby Pierce vs. Duo-Fast/Illinois Tool Works (Circuit Court of Dekalb County, Alabama)
While working as a home framer, Mr. Pierce was shot in the eye when a Duo-Fast nail gun inadvertently activated. Mr. Pierce was caused to lose the vision in his eye and his ability to earn a living was impaired. It was our contention that the subject nail gun was equipped with a defectively designed trigger. At trial, it was proven that Duo-Fast removed (for safety reasons) the defectively designed trigger from the nail gun, but then offered the defective trigger as an option and sold it to consumers. The trigger allowed a nail to be inadvertently fired. Attorneys Jeff Kirby and Mike Bradley tried the case to a Dekalb County, Alabama jury. The jury returned a verdict for $2,000,000.00 for Mr. Pierce.
Bobby Ayers vs. Duo-Fast (Circuit Court of Winston County, Alabama)
While working in a mobile home manufacturing plant, Mr. Ayers was shot in the back with a nail gun. It was alleged that the subject nail gun was equipped with a defectively designed trigger and that the trigger allowed a nail to be inadvertently fired. Mr. Ayers suffered a permanent, disabling injury. The case was settled pursuant to a confidentiality agreement.
Joann Smith as administratrix of the Estate of Michael Paul Smith v. Montclair Orthopedic Surgeons; Esaote; and Lunar Corporation, et al. ( Circuit Court of Jefferson County, Alabama)
Michael Paul Smith presented to an orthopedic surgeon for a knot on his thigh. An MRI was performed on the thigh and Mr. Smith was told not to worry about it. Almost two (2) years later, the knot was diagnosed as a malignant tumor. Mr. Smith died as a result of the tumor. It was alleged that the MRI machine was improperly used, that the MRI machine was defectively designed, that improper instructions were given on the use of the MRI machine. During trial, a confidential settlement agreement was reached with the product manufacturer and distributor. A jury returned a verdict in favor of the plaintiff and against the physician’s practice. The case was later settled pursuant to a confidentiality agreement.
Stephanie Price v. Chesebrough-Ponds USA, et al . (Circuit Court of Mobile County, Alabama)
Stephanie Price sustained third degree burns to 45% of her body when her hair caught on fire while using a sculpting hair spritz, a curling iron and an oven which was used to heat the curling iron. Stephanie Price alleged that the products were defectively designed and failed to provide adequate warnings. The case was settled pursuant to a confidentiality agreement.