Defense Verdict for Black & Decker (U.S.) Inc.
Nov 19, 2008 Lee County, Ala.
On November 19, 2008, a Lee County, Alabama jury returned a defense verdict for Black & Decker (U.S.) Inc. in a product liability suit in which the plaintiff alleged that a Dewalt small angle grinder was defectively designed. The defense verdict came during the second trial of the case. A mistrial was declared in the first trial this past spring because that jury was hopelessly deadlocked. The plaintiff, who worked for a pool company, received a severe arm injury while using the grinder to refurbish a swimming pool. In addition to defending the product design, Black & Decker argued that at the time of the accident the plaintiff was guilty of contributory neglience, assumption of the risk, and product misuse. Lightfoot attorneys Adam K. Peck and Sanford G. Hooper tried the case on behalf of Black & Decker.