In Third Big Trial Win for Client Terex, Dinsmore Team Defeats $25M Product Liability Suit

November, 2022 - Louisville, Kentucky

In Third Big Trial Win for Client Terex, Dinsmore Team Defeats $25M Product Liability Suit

Last week, a litigation team led by Lexington-based Dinsmore partner Chris Jackson and California based attorney Larry Panek, secured a complete, unanimous, defense verdict in a federal product liability jury trial brought against Terex entities. The successful defense of the $25,000,000 lawsuit filed in northern California is the third big trial win for Terex and its subsidiaries in the hands of Dinsmore lawyers.

Attorneys for the plaintiff argued their client suffered serious injuries on the job due to the design and manufacture of Terex’s Digger Derrick pole guide system. Called in at the last-minute to be co-counsel with Mr. Panek, the defense team highlighted that misuse of the machine, as well as unsafe work practices and improper pole rigging, caused the accident and the machine was reasonably safe. Chris and Larry’s work was supported by attorneys Mary Bryson and Madison Stewart, of Dinsmore’s Lexington office.

“I am so proud of and impressed with Chris Jackson,” said Chris Cashen, co-chair of Dinsmore’s Product Liability practice group. “He was asked to help try this case about a month before trial. Chris jumped at the chance, devoted all his time to getting up to speed, and was absolutely essential to securing the defense verdict – the right result! This is what it means to be a top tier trial lawyer.”

Earlier this year, Cashen secured a victory in a Phoenix, Ariz. courtroom for Genie Industries and Terex Corporation. In that case, the clients were facing claims totaling more than $60 million related to a double fatality accident.

Cashen was asked to try the case two weeks before trial started, and his defense resulted in a unanimous verdict after approximately 60 minutes of deliberation.

In 2020, Cashen and Jackson defeated a $69 million claim against the company in the first aerial work platform overhead entrapment case ever tried to verdict – another unanimous defense verdict.

“The Dinsmore team continuously rises to the occasion in serious product liability litigations,” said Jim Celentano, Vice President – Deputy General Counsel at Terex.  “They exemplify professionalism and always give the upmost consideration to their client’s best interests.  In short, they answer the call and offer a sound, calculated and reasonable defense of product manufacturers without waiver.”

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