Sener And Wilens Reach Seven Figure Settlement In Products Liability Case
May 14, 2009
Chicago Partners Martin C. Sener and Robert E. Wilens recently completed a multiple seven figure settlement in a strict product liability case, filed against the manufacturer of a recirculating cooler. The cooler allegedly leaked a flammable fluid, and caused a fire in a manufacturing facility in August, 2001, in a south suburb of Kansas City, Missouri.
The case involved a number of interesting issues including:
- - Prior leaks in the same model of machine due to loosening worm clamps which were known to the manufacturer prior to the fire;
- - a design change from the worm clamps to spring clamps:
- - a failure of the manufacturer to inform the insured about the leaks or offer to retrofit the worm clamps with spring clamps;
- - potential spoliation of evidence by the insured:
- - potential non-party fault and a significant business interruption loss due in large part to an embargo placed on the facility by the Missouri Department of Health due to smoke damage which covered essentially all of the raw materials, work in process, intermediate goods, finished goods and packaged goods ready for shipment to customers.
The case was set for trial in January, 2010, and settled following a mediation.
