ILNews

Products Liability/Negligence

July 19, 2010
Keywords
Back to TopE-mailPrintBookmark and Share
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

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

ADVERTISEMENT