Kyle Rowley and George Caflisch obtain Defense Verdict in Western District of Missouri


Kyle Rowley and George Caflisch successfully defended a product liability crashworthiness case brought against a construction equipment manufacturer in the U.S. Western District of Missouri. The plaintiff contended the equipment was defectively and negligently designed in its alleged failure to adequately protect operators of the equipment, such as the plaintiff, in the event of a rollover of the equipment. The plaintiff suffered an extensive brain injury as well as orthopedic injuries when the equipment rolled over on an excessive slope. Evidence at trial included a life care plan in excess of $7,000,000. The demand prior to trial was $12,000,000; at trial, the plaintiff’s counsel argued for a damages award of $28,000,000. After six days of trial, the jury on June 19, 2018, returned a verdict in which it found the plaintiff 95% at fault, the defendant equipment manufacturer 5% at fault, and damages of $2,400,000. Under Missouri’s comparative fault system, the net award under the verdict is $120,000.