Product Liability

CONFIDENTIAL SETTLEMENT
(Parties cannont be revealed)
2007 St. Louis City Product Liability

Attorney’s: Robert H. Pedroli Jr.

Type of Claim: Client purchased a custom chopper manufactured by a custom chopper manufacture. Client claimed the kick stand kept falling from the retracted position. Client returned Chopper to dealer who allegedly repaired the kickstand spring. Later, the spring came down and contacted the ground when traveling through a left curve, causing client to hit guard rail. Many independent witnesses saw the accident and the kickstand digging into the pavement. The police noted pavement markings from the kickstand.

The dealer admitted to prior problems with other kickstands in the past and the manufacturer later also admitted to problems. Manufacturer claimed this year model had a different type of spring and someone must have changed it. Manufacturer claimed kickstand could not cause loss of control.

Damages: Fractured ankle, road rash, tear through leg and abdomen, fractured wrist. Client able to return to full duties involving physical labor.

Bills and lost wages: approximately: $75,000.00

Total Settlement at Mediation: $525,000.00