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Products Liability/Negligence

July 19, 2010
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Trial Report

Jonathan M. Hinsey v.  Better Built Dry Kilns, Inc. and DeNardi, s.r.l., a/k/a Nardi Group and Nardi Partecipazioni, s.r.l.

U.S. District Court, Northern District of Indiana, No. 1:08-CV-0114

Injuries: Third-degree burns over 40 percent of body

Date: to be tried in 2010

Disposition: Settled for policy limits of $1 million prior to mediation

Plaintiff Attorney: Cory Brundage, Cory Brundage LLC, Indianapolis

Defendant Attorney: Matthew Shipman, Bloom Gates Sigler & Whiteleather, Columbia City

Insurance: American Resources Insurance Co.,

Case Information: Plaintiff fell into a pit of superheated water built into the floor of a lumber steamer, sustaining burns to his feet, legs, abdomen, and arms.
The steamer was manufactured by Nardi, an Italian manufacturer and sold to plaintiff’s employer by Better Dry Kilns, which assisted in the construction. Service could not be obtained on the Italian company, which had gone bankrupt, making Better Built liable as the manufacturer under Indiana’s products liability statute.

Strategic challenges included potential fault allocations against Nardi, the plaintiff’s employer, and the plaintiff, all of which would be uncollectible and an enormous workmen’s compensation lien for disability and medical payments. Ultimately, Better Built’s carrier paid plaintiff’s policy limits demand of $1 million, and the lien holder accepted a drastic reduction to 16 percent of its total lien. Defendant’s attorney Matthew Shipman was professional in his handling of the matter and cooperated with plaintiff’s attorney to create a structured settlement that will pay benefits to the plaintiff for life.
Cory Brundage

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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