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Dinsmore & Shohl LLP 

October, 2020 - United States of America

 

 

Dinsmore Successfully Defends Manufacturer in 1st Entrapment Case Ever Tried to Verdict

 

In one of the first in-person civil trials in Kentucky during the COVID-19 pandemic, Dinsmore attorneys Chris Cashen and Chris Jackson secured a victory for global aerial work platform manufacturer Genie. This is significant for the industrial equipment industry, as it is the first entrapment case to be tried to verdict.

“This is a great victory for both Genie and Dinsmore,” Cashen said. “This victory is the result of an outstanding trial team from Dinsmore. Genie is extremely pleased, not only for the company but for the entire aerial work platform industry.”

The family of a man who suffered fatal injuries claimed the aerial work platform should have been equipped with secondary guarding accessories, which they claim would have prevented this death. They asked for $69 million, including punitive damages.

Genie Senior Product Safety Manager Jason Berry and his predecessor, Rick Curtin, testified on industry standards, the millions of safe man-hours of the machine, and the evolution of overhead protection in the industry. Cross-examination of the plaintiffs’ witnesses highlighted the many safety rules the decedent violated.

The case was tried for nearly two weeks before Chief Judge Greg Stivers of the Western District of Kentucky, and the jury returned a verdict in under 90 minutes.


 

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