Campbell Campbell Edwards & Conroy obtained a defense verdict in Manuel DeSousa v. Gensco Equipment (1990), Inc.
April 2014
Brian Voke of Campbell Campbell Edwards & Conroy obtained a defense verdict in Manuel DeSousa v. Gensco Equipment (1990), Inc., United States District Court for the District of Massachusetts .The case involved a product liability action against the North American importer and distributor of an alligator shear.
Plaintiff, a 55-year-old machinist, suffered the amputation of 2 fingers on his dominant hand while operating an alligator shear. He underwent 3 surgeries on his hand and was permanently disabled. Plaintiff alleged that the shear was defective and unreasonably dangerous due to its lack of adequate guarding and claimed that it violated industry standards and OSHA regulations. Plaintiff's expert testified that the shear should have been provided with any number of seven proposed guarding methods, including an interlocked guard, two-handed controls which would have prevented the operator from placing his hand in the area of the cutting blade, and a light curtain. Plaintiff ‘s lowest demand was $1.6 million.
The jury returned a defense verdict for Gensco Equipment (1990), Inc. after deliberating for less than one hour.
Brian Voke served as lead trial counsel.
