A Hunterdon County client has agreed to settle his case for $1.05 million, according to Craig Hubert, who represents David Mummey.Mr. Mummey suffered severe, permanent head injuries as a result of an accident in June 2007. He was hired to unload a large piece of heavy equipment, a pavement sealer, from a tractor trailer to the ground. While doing so, he lost control of the equipment, which started to fall off the trailer, ejecting Mr. Mummey. He landed head-first upon a gravel driveway, causing brain injuries and cognitive losses.
According to Craig, the lawsuit was primarily based upon the manufacturer’s failure to warn, and adequately warn, his client as to the safe operation of the pavement sealer. “The manufacturer, Neal Industries, a Georgia corporation, had inadequate warnings on the machine and delivered the owner’s manual separately from the product, violating its duty to warn the end user,” Craig said. “Since we filed suit, the manufacturer has added warnings and relocated warning labels so that they are visible to operators. This case resulted in a safer product for future end users. Our client takes great satisfaction in the fact that his misfortune will result in a safer workplace for many men and women throughout the United States.”
Information obtained during the discovery process led Craig to Atlanta, Georgia to conduct sworn statements of the product manufacturer’s employees, including the design engineer. Craig subsequently found that the manufacturing plant’s retired manager was living in a remote area of Alabama. In order to obtain testimony critical to the case, Craig again traveled south, this time to depose the ex-plant manager in rural Alabama. Craig noted, “The testimony greatly strengthened the plaintiff’s position, resulting in a million dollar plus settlement.”
