Case Evaluation

Defective Product Verdicts: Gabor, Et. Al. v. Devine Paint & Varnish Co.

EDWARD J. GABOR, ET AL. V. DEVINE PAINT & VARNISH CO., INC., DAR-TECH, INC., SUN CHEMICAL CORP, DENNISON ELECTRIC COMPANY AND BOWERS MACHINE COMPANY

Date: July 10, 1989

RESULT: $ 482,000 (settlement)

STATE: Ohio

FACTS: Plaintiff was employed by Devine Paint to mix paint pigments manufactured by Sun Chemical. Plaintiff used a paint mixer sold by Dar-Tech, which was connected to an existing power source by Dennison Electric, an electrical contractor. As the plaintiff dumped pigment from its plastic liner into the mixer vat, the plastic suddenly wrapped around his wrist and the rotating shaft, traumatically amputating his left forearm.

Plaintiff alleged that: (1) Defendant Dar-Tech sold a Defective Product; (2) Defendant Sun Chemical manufactured a Defective Product; and (3) Defendant Dennison Electric was negligent in improperly placing the mixing machine's on/off switch.

Defendants Dar-Tech and Sun Chemical contended that plaintiff misused their products and that he assumed the risk. Defendant Dennison Electric contended that they place the off/on switch in accordance with, and at the direction of, plaintiff's employer.

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