Dennis M. Goebel

      Court of Appeals decision March 2007.  Jury verdict for Defendant in product liability death case where decedent Vernon Wingard was caught between the end of a conveyor and barrier guarding.  Plaintiff appealed jury verdict of “no cause for action”.  The Plaintiff appealed arguing that he had met the burden of proof and that the Trial Court failed to direct a verdict in favor of the Plaintiff.  The Court of Appeals affirmed the jury verdict. 

      Macomb County (Michigan) Circuit Court, June 2007, Motion for Summary Disposition.  The Court granted Defendants'' Motion for Summary Disposition dismissing the Plaintiff''s claim in its entirety.  The Plaintiff was a cement truck driver working for Nagy Ready Mix.  A tractor trailer driven by a Nagy Trucking employee allegedly crushed the Plaintiff between his tractor trailer and the Plaintiff''s cement truck which was parked in the Nagy Ready Mix fueling yard.  The Plaintiff brought a negligence action against Nagy Trucking, the Defendant tractor trailer driver and another entity that owned the tractor trailer.  The Plaintiff alleged that the Defendants were separate and distinct corporate entities.  Case evaluation awarded the Plaintiff $1.6 million.  Defendants brought a Motion for Summary Disposition arguing that pursuant to the economic realities test, all the corporate Defendants would be construed as the Plaintiff''s employer and thus his claim would be barred by the exclusive remedy provision of the Worker''s Disability Compensation Act (WDCA).  The trial Court agreed granting Defendants'' motion dismissing the Plaintiff''s case in its entirety against all the Defendants.

      Jury Verdict of no cause of action.  Murray County District Court, Slayton, Minnesota, May 2009.  Detroit Radiant Co. manufactures industrial and commercial grade gas fired radiant heaters.  The City purchased a 50’ Detroit Radiant heater which was installed by a third-part in a newly constructed fire station in Slayton, Minnesota.  After approximately 18 months of service, there was a massive explosion which destroyed the fire station, substantially damaged an adjacent grain elevator and damaged many nearby businesses and residential buildings.  There was $2,000,000 in property damage.  It was alleged that the Detroit Radiant heater was defective, because it was delivered without a flexible steel connector.  A gas leak occurred because there was thermal expansion of the 50’ radiant heater.  No accommodation for thermal expansion was made during installation.  Plaintiff claimed that Detroit Radiant should have provided a stainless steel flexible connector.  The Defendant responded that the local installers had actual knowledge of thermal expansion, were aware of the need for the gas line to accommodate thermal expansion, were aware of the availability of stainless steel flexible connectors, had them in stock, and chose to use an alternate method, which the installers felt was as good as a stainless steel flexible connector.  The installers claimed that they utilized flexible copper tubing, and made a “loop” to absorb the expansion.  The jury found for Detroit Radiant Products Co., that the radiant heater was not defective. The jury found that the installers were negligent in the manner in which the gas line was installed.