Gomez v. JRB Attachments, et al. – Partners John Masterson and Jeremy Johnson obtained a defense verdict after a 15-day wrongful death trial based on an alleged product defect. The case stemmed from a fatal accident at a construction site in which Mr. Gomez was killed when a 1,500-pound digger bucket fell from a large excavator operated by his co-worker. Defendant JRB designed, manufactured, and sold the coupler that connected the bucket to the excavator. The JRB coupler was powered by the excavator’s hydraulic system, which allowed it to be controlled by an operator from the cab of the excavator. Plaintiffs (the decedent’s wife and children) alleged that the JRB coupler was defective in its design and operating instructions. Defendant JRB maintained that its coupler was not defective and was instead misused by the excavator operator. Plaintiffs also sued the general contractor and the sellers of the excavator and coupler. Plaintiffs settled with the general contractor during the first week of trial and dismissed seller defendants at the close of their case-in-chief. The jury was out for approximately four hours before returning a defense verdict.
John Masterson represents governmental entities in issues involving civil rights law, government and constitutional law, police defense, prison matters, insurance defense, wrongful death and personal injury law, general civil litigation and appeals.
Jeremy Johnson concentrates his practice on the defense of clients in the areas of trucking and transportation, wrongful death and personal injury, product liability, and premises liability. He also Co-Chairs the firm’s Transportation, Auto, Products and General Liability Trial Group.