Verdicts & Settlements

May 5, 2003

The Daily Journal

L.A. Superior Pomona , Dept. O
HON Peter J. Meeka

Topic: Personal Injury
Sub topic: Product Liability
Sub-sub topic: Wrongful Death

SUMMARY JUDGMENT: Granted in favor of the defense

Attorneys:
Plaintiff - Curtis E. Floyd, Floyd & Horrigan, Bakersfield
Defendant - Karen C. Ahearn, Murchison & Cumming, Los Angeles
Defendant - Holly N. Boyer, Murchison & Cumming, Los Angeles
Defendant - Guy R. Gruppie, Murchison & Cumming, Los Angeles
Defendant - Heather L. Mills, Murchison & Cumming, Los Angeles

Facts: The subject suit is a product liability and wrongful death action that arose out of a workplace accident that occurred on May 2, 2001 at Lufkin Industries, in Bakersfield. The decedent, Timothy Long, aged 34, was operating a pedestal grinder when the attached 12-inch grinding wheel exploded. Although it appears that the decedent was wearing appropriate safety equipment, fragments of the wheel penetrated his skull and he suffered severe injuries that led to his death a few days later at a local hospital. The survivors of the decedent, his employer, and the worker's compensation insurance carrier brought product liability claims against Independent Welding Distributors Cooperative/Weldmark.

Contentions: The plaintiffs alleged that IWDC/Weldmark designed and distributed a defective grinding wheel that burst unexpectedly during use by the decedent. The plaintiffs alleged that the grinding wheel burst unexpectedly during use by the decedent. The plaintiffs alleged that since the grinding wheel remnants, when re-assembled post accident, clearly state "Weldmark" on the label, the defendant was liable as a manufacturer or distributor of the same, even though Luftkin, the employer, had no records of any purchases of equipment from the IWDC/Weldmark. The defendant contended that a mere cooperative rather than design/manufacturer or seller of equipment for the welding trade, IWDC/Weldmark denied any role in the design, engineering, manufacture and/or distribution of the accident grinding wheel, denied ever manufacturing grinding wheels and denied ever permitting any person or entity to make/sell grinding wheels under the use of its good name.

Damages: The survivors of the decedents included his wife, aged 22, and three children, ranging in age from 14 to 3. Luftkin and Sentry sought recovery of costs paid in the underlying worker's compensation case, believed to exceed $200,000.

Result: The court determined as a matter of law that the IWDC/Weldmark was not involved in the design, manufacture or distribution of the subject grinding wheel and granted the defendant's motion for summary judgment.