Case at a glance
- Recovery: $476,303 Jury Verdict
- Practice: Personal Injury
- Attorney: Vuk Vujasinovic
An injury while connecting an air line
Coldwater Machine built the equipment for use by GE employees. During a training session, Andy was connecting an air line when a machine component struck him. The force of the impact pushed his head backward.
Andy suffered a herniated disc in his neck that did not heal properly. His neurosurgeon recommended a fusion at the C6-7 level, in the lower part of his neck. The recommended surgery became an important part of explaining the lasting consequences of the injury.
The claim focused on Coldwater’s equipment and training
Coldwater refused to accept responsibility. Vuk pursued a third-party claim against the manufacturer, separate from Andy’s employer, General Electric. The case was filed in Houston and proceeded in federal court before Judge Keith Ellison.
The evidence developed during litigation identified four safety problems. Coldwater supplied no written warnings or instructions with its product. It conducted a verbal training session without supporting documents. Its representatives did not red-tag the machines after seeing them malfunction during training. They also failed to check the machines for oil before instructing the GE crew to connect the air lines.
Those points addressed the conditions under which Andy was asked to work with the equipment. The warnings and training issues concerned the information given to GE’s crew. The malfunctioning equipment and oil-check issues concerned the machine’s condition before workers connected it.
Safety testimony and medical evidence at trial
A workplace safety expert evaluated the incident and concluded that Coldwater violated multiple OSHA safety rules that contributed to Andy’s injury. That was the expert’s assessment presented in support of the case.
Medical records, billing records, and wage-loss records documented Andy’s claimed damages. His neurosurgeon gave sworn deposition testimony about the recommended C6-7 fusion. A video demonstration helped explain the proposed surgery to the jury.
The case brought the machine’s operation and Andy’s medical condition together: the safety evidence addressed how the incident occurred, while the medical evidence addressed what the neck injury meant for his treatment.
The jury’s $476,303 decision
Trial began on October 31, 2011. On November 3, after four days of trial, the jury returned a verdict of $476,303 in Andy’s favor.
For information about serious injury claims, visit our personal injury practice. Call (877) 724-7800 or Tell Us What Happened to discuss an injury involving workplace equipment.
Questions about the case
Every case is different. Prior results depend on the facts of the individual case and do not guarantee a similar outcome.