Mountain States

Defective lawnmower severely injures worker.

In Missoula, Montana, a worker was cutting the lawn at a ranch when the lawnmower slid under a fence and got caught. The worker attempted to free the mower from the fence but slipped and was severely injured by the mower blade. It was determined that the mower was defective and missing a critical handle release/operator presence control (OPC) and lacked adequate warning and instruction labels for use. The Stutman firm obtained a substantial six figure worker’s compensation subrogation recovery in this defective lawnmower case. The recovery represents a significant settlement in a very conservative jurisdiction on a difficult products theory.

Water supply line causes significant damages to home.

A water loss occurred in a home in Arizona which involved a steel braided water supply line manufactured by a popular plumbing parts manufacturer. The loss occurred 11 months before the claim was referred to the Stutman firm. There were no photographs of the scene and the manufacturer denied liability directly to Stutman’s client on the basis of consumer abuse. Once we received the file we contacted the manufacturer and provided our theory. Subsequently, the firm reached a 50% settlement on a case that the insurance carrier was ready to close.

Arc welding by contractor leads to fire in new home construction.

The Stutman firm recovered in excess of $1,000,000 from a subcontractor and general contractor for damages caused by a fire to a multi-million dollar home that was under construction in Colorado. The fire started as a result of arc welding performed by the subcontractor who had a limited insurance policy. The general contractor blamed the subcontractor and argued that they had nothing to do with the fire. The Stutman firm litigated the case and developed theories against the general contractor alleging they had control over the project and supervision over the subcontractor. Ultimately, the case settled for more than 70% of the paid damages.