Victor M. Halbach, Jr. and L. Johnny Sarber, III, both shareholders at Marks Gray, obtained defense verdict on all counts in a products liability case against Illinois Tool Works. The plaintiff’s legal theories were negligence and strict liability. The plaintiff, a 37-year-old construction worker, was using an ITW Positive Placement Nailer when a nail ricocheted and struck his right eye resulting in permanent blindness. Based upon biomechanical testimony and other evidence, the defense was able to prove that the plaintiff could not have been wearing the safety glasses supplied by ITW with its product due to the tumbling nature of a ricocheted nail coupled with the kind of injury received in the eye.
Posted on February 23, 2010 at 1:41 pm