Don’t hesitate to reach out to our experienced product liability attorneys if you think you have a case. We will help you determine the potential third parties involved in your claim and will not back down until you’ve been fairly represented.
Forklift Amputation Injury | Product Liability/Workers’ Compensation
Settlement for a 27 year old man who suffered a below the knee leg amputation as a result of forklift accident while working within the course and scope of his employment. Upon being retained, Boughter Sinak, LLC immediately filed suit against the manufacturer of the forklift and the forklift maintenance company along with filing a Motion for Protective Order to Preserve Evidence. Boughter Sinak, LLC retained a national forklift expert from Los Angeles, California who after inspecting the forklift determined that the maintenance company deliberately disengaged a main safety feature of the forklift to prevent the foot pedals from locking up while being operated in below freezing temperatures. This action prevented the forklift from immediately stopping when the young man's foot was taken off the pedal, leading to his foot being crushed in between the forklift and a steel bollard. Boughter Sinak, LLC aggressively prosecuted the case, advancing over $60,000.00, and taking depositions of multiple representatives and fact witnesses of the Defendants, as well as deposing experts in California, Oregon, Illinois, Indiana and Arkansas. In addition to a forklift expert, Boughter Sinak, LLC retained a vocational economic expert and a life care planner to evaluate the Plaintiff's damages. Boughter Sinak, LLC successfully represented the Plaintiff in his worker's compensation claim as well and negotiated waiver of the worker's compensation lien of more than $100,000 in its entirety.
Finger Amputation Case | Product Liability
Settlement in a product liability claim against a machine manufacturer for failure to design a machine with proper guarding, resulting in a young man suffering partial amputation of his finger. Boughter Sinak, LLC represented the young man in both his worker's compensation and third party product liability claim. An engineer was retained and opined that the machine was unsafe and defective due to lack of guarding, as well as poor design of the perimeter surrounding the machine. The Defendant was a Swiss company that denied the United States District Court had jurisdiction over the Defendant. Notwithstanding, Boughter Sinak, LLC was able to demonstrate that the Defendant actually traveled to Fort Wayne, Indiana to build the machine and distributed these types of machines throughout the U.S. giving rise to jurisdiction. Once the Defendant realized the unlikelihood of obtaining dismissal based on jurisdictional grounds, the case promptly settled prior to undertaking discovery due to the strength of the Plaintiff's engineering expert's report. Boughter Sinak, LLC successfully negotiated the worker's compensation lien from over $120,000.00 to approximately $40,000.00.
Bagel Divider Defect | General Negligence
Settlement against a well-known national restaurant and bakery. While eating a bagel, the client felt her throat being cut by a sharp object, later determined to be hard plastic. After extensive investigation, discovery revealed that the bagel divider was defective and would break leaving sharp pieces of hard plastic cooked throughout the bagel. Significantly, the bagel divider had broken on prior occasions allegedly causing injury to at least one other customer. Notably, prior to retaining Boughter Sinak, LLC a prominent Fort Wayne law firm represented the Plaintiff for many months and then withdrew from the case because they could not get the claim resolved pre-suit.