Date: 09-02-2012

Case Style: Vincent Scott Underwood v. Komatsu, Ltd.

Case Number: CJ-2010-2660

Judge: Linda G. Morrissey

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Charles Loy "Chuck" Richardson, Jason C. Messenger and Melissa A. East, Richardson, Richardson, Boudreaux and Keesling, Tulsa, Oklahoma

Defendant's Attorney: John Paul and Amy Nicole Bennett, The Paul Law Firm, Tulsa, Oklahoma for Kirby Smith Machinery, Inc.

James Allen Jennings and W. Brett Willis, Jennings, Cook & Teague, Oklahoma City, Oklahoma for Komatsu, Ltd. and Komatsu American Corporation

Description: Vincent Scott Underwood sued Komatsu, Ltd., Komatsu America Corporation and Kirby Smith Machinery, Inc. on manufacturers' products liability, negligence, breach of implied warrant of merchantability and breach of implied warranty of fitness for particular purpose theories claiming to have been injured by a defective and unreasonably dangerous product manufactured and distributed by Defendants. Plaintiff sought compensatory and punitive damages from Defendants.

Plaintiff claimed that he was injured by a CK30-1 Crawler rented from Kirby-Smith Machinery, Inc. from January 1, 2008 through January 1, 2011.

The specifics of the claims made and defenses asserted are not available.

On May 21, 2012, Plaintiff dismissed his claim based on a manufacturers' products liability theory without prejudice.

Outcome: Settled and dismissed with prejudice.

Plaintiff's Experts: David Dallas, cause and origin expert

Defendant's Experts:

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