Wilson County Jury Awards $1.6 Million Verdict in Personal Injury/Defective Product Case

PHILADELPHIA, May 31, 2011 /PRNewswire/ -- On May 13, 2011, a Wilson County jury awarded $1.6 Million in damages to 23-year old Samuel C. Rollings, as just compensation for an injury he suffered while at work at the Fredonia Cooperative Association, Inc. in Fredonia, Kansas.

Sam Rollings, a Wilson County resident, suffered a devastating injury in January 2007 while working in a grain bin, sweeping out some corn when he slipped and his right foot and lower leg became caught by the drag chain of the conveyor system designed by Ken Babcock Sales, Inc., causing severe personal injury resulting in the loss of his leg.  

The lawsuit alleged that Ken Babcock Sales Inc., failed to provide guards to protect workers engaged in required grain removal inside the grain bin and failed to provide instructions and warnings adequate to protect workers.  The lawsuit further alleged that the grain conveying system was defective in its design and was in an unreasonably dangerous condition when it was sold to the plaintiff's employer, the Fredonia Cooperative Association, Inc.

According to Cohen, Placitella & Roth attorney J.B. Dilsheimer, whom represented Rollings, "The defective unguarded drag chain conveyor was just 6 inches away from the large sump hole... an accident just waiting to happen."

The defense argued that the Fredonia Cooperative Association, Inc. was negligent in sending workers, including Plaintiff Sam Rollings, into the grain bin while a sweep auger and the grain conveyor were moving and energized.   They maintained that the system designed by the defendant was not unsafe if used consistent with warnings on the grain bin door not to enter the bin while parts were moving. 

The case was tried before District Court Judge David Rogers of the District Court of Wilson County Kansas and after more than 7 hours of deliberation on May 13, 2011 the jury disagreed with the defense, and returned a verdict in favor of the plaintiffs, awarding Rollings $1.6 Million to cover lost wages, lost earnings, medical expenses, and future medical care.  The jury found defendant Babcock 46% at fault; the employer Fredonia Co-Op 44% at fault; and plaintiff Sam Rollings 10% at fault.  

The jury's verdict is a just verdict in a horrible accident that occurred to a young man.   The lawsuit was brought by Samuel C. Rollings, who was represented by J.B. Dilsheimer, an attorney with Cohen, Placitella & Roth, P.C., recognized as one of the leading trial law firms in the country, headquartered in Philadelphia, along with Pittsburgh, Kansas attorney, Timothy A. Short.

"It was the right result for a young man who had a horrible accident," said J.B. Dilsheimer, who went on to state, "And (as a manufacturer) you can't put functionality ahead of safety in the design of a product.  You have to take into consideration that what may make it unique, may also make it dangerous."

The award will be reduced to reflect the Kansas cap on compensatory damages.

Cohen, Placitella & Roth, P.C., is a nationally recognized law firm concentrating on representing injured parties in a wide array of complex litigation matters such as product liability, personal injury/wrongful death, defective products, securities fraud, unfair and deceptive business acts.  The firm's achievements include obtaining record high settlements and verdicts on behalf of clients.  To learn more, please visit http://www.cprlaw.com or call 1-888-375-7600.

SOURCE Cohen, Placitella & Roth, P.C.