Date: 10-23-1997

Case Style: Estate of George Nantz v. Cooper Industries, Inc., et al.

Case Number: 87-CL-454

Judge: Lewis B. Hopper

Court: Circuit Court of Knox County

Plaintiff's Attorney: Joe B. Savage and Robert L. Elliott of Savage, Garmer & Elliott of Lexington, Kentucky; Phillip Lewis of Hyden, Kentucky; and Timothy C. Willis of Vimonts & Wills, Lexington, Kentucky.

Defendant's Attorney: J. Warren Keller and Pamela Adams Chesnut of Taylor, Keller & Dunaway, London, Kentucky and John F. Parker, Jr. of Boehl, Stopher & Graves, Louisville, Kentucky.

Description: Products liability - Failure to equip drill with audible back-up alarm. George Nantz sustained a head injury which eventually caused his death when he was hit in the head by a part of a Gardner-Denver blast hole drill installed on a tractor. The following information was supplied by Defendant's counsel: "George Nantz susatined a brain-stem injury with subsequent "locked in syndrome". This suggests upper bain function and personality but without an ability to express. Mr. Nantz exhibited the ability to respond to yes/no commands with movement of his thumb and responded to painful stimuli in all four extremities. He became teary-eyed when shown photographs of his family members. There was occasional opening of the eyes. The crushing injury to the head occurred on December 10, 1996. Mr. Nantz died from compliactions of the injuries approximately fifteen months later. Plaintiff sought past medical and associated expenses of $336,119.99; post lost wages of $456,703; destruction of the estate of George Nantz's ability to earn money in the future not to exceed $1,696,790; pain and suffering from the date of the accident to the date of death not to exceed $1,000,000; also, a monor child's claim for loss of parental consortium not to exceed $1,000,000.

Outcome: Verdict for Defendant.

Plaintiff's Experts: Wayne Coloney, Tallahassee, Florida; Donald Lyons, Morgantown, West Virginia; and William Baldwin, Lexington, Kentucky, economist.

Defendant's Experts: Jerry Pursewell, Norman, Oklahoma, human factors expert, and Tom Goodney, Platville, Wisconsin.

Comments: None