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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. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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