Dennis Goebel Prevails In Death Case In Michigan Court Of Appeals
This is a wrongful death product liability case in which Vernon Wingard was caught between the end of a conveyor and fixed barrier guarding. He was crushed to death. The Estate claimed that the conveyor was negligently designed, was defective and was unreasonably dangerous. The case was defended on the basis that the customer was offered but did not order the manufacturer’s suggested light curtain guarding. Subsequent to issuance of the purchase order the customer directed a third-party to install end of the line barrier guarding. The case was tried and the jury returned a verdict of “no cause for action”. Plaintiff took an appeal alleging that sufficient evidence had been submitted and that the Court should have directed a verdict in favor of the Plaintiff. The Court of Appeals upheld the Trial Jury’s verdict of no cause for action.