WWHGD Successfully Defends Client in Catastrophic Product Liability Case


Weinberg Wheeler Hudgins Gunn & Dial partners Billy Gunn, Rick Sager and Mark Johnson successfully defended Terex Telelect, Inc. (“Terex”) in a product liability case stemming from an August 1997 accident which rendered a Richmond Power & Light employee a quadriplegic.

The case involved an aerial bucket manufactured by Terex for Richmond Power & Light. The plaintiff, Anthony Wade, sued Terex for his injuries alleging that the design of the bucket truck was defective due to the lack of an inside step which would theoretically make it safer and easier to exit the truck. Mr. Wade attempted to exit the bucket truck and fell head first to the ground. Mr. Wade suffered injuries which subsequently caused him to become a quadriplegic. Terex countered that the bucket design met all industry standards and had been safely used in the industry for over fifty years. The Plaintiff’s counsel was seeking tens of millions of dollars.

The first trial occurred in September 2009 in the Shelby County Circuit Court, Indiana. The trial resulted in a hung jury. The case was retried in the Hamilton County Circuit Court, Indiana. The challenging case came to an end after six days of trial on June 28, 2010 when the jury returned with a defense verdict.

“We knew this case would be a challenge as the Plaintiff was very compelling and was potentially able to draw a great deal of sympathy from the jurors. To add to this, he was also represented by one of the top Plaintiffs attorneys in the state of Indiana,” says Rick Sager. “Our client was very pleased with the results that WWHGD obtained for them.” 

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