Trial Victory for Manufacturer in Unsecured Cargo Case
Barclay Damon obtained a defense verdict following a six day jury trial in New York State Supreme Court on behalf of an insulation manufacturer. The plaintiff, who was injured when part of an insulation load fell out on him while opening a tractor trailer, claimed the manufacturer was negligent in failing to secure the load with some form of cargo containment. Following the accident, the plaintiff underwent three separate surgeries to his spine, never returned to any form of employment and claimed to be totally permanently disabled. Barclay Damon presented expert and lay evidence that industry standards for shipping insulation-type products did not warrant the use of cargo nets or load blocks, and that the plaintiff was negligent in the manner he opened the trailer. The plaintiff's counsel requested more than $1,000,000.00 in damages during closing argument but the jury returned a verdict of no negligence in favor of our client.
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