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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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