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Date: 06-15-2006
Case Style: Ron and Kristie Simmons v. MTD Products Corp.
Case Number: Unknown
Judge: Cliff Weckstein
Court: Circuit Court, City of Roanoke Virgina
Plaintiff's Attorney:
Brent Brown of Brown & Jennings, PLC, Salem, Virgina
Defendant's Attorney:
John Fitzpatrick of LeClair Ryan, P.C., Richmond, Virginia
Description: Ron and Kristie Simmons sued lawnmower manufacturer MTD Products Corp. on a products liability theory for the wrongful death of their 4-year-old son Justin who died in April 2004 after being run over by a lawnmower at his Daleville, Virginia day care center. Plaintiffs contended that MTD knew that the lawn mower's blade would keep cutting if the clutch was depressed, but did nothing to address the problem.
MTD denied that the mower designed, manufactured and sold by it was defective or unreasonably dangerous. MTD maintained that its design surpassed government safety standards and that the sole cause of the accident was the negligence of the operator.
Outcome: Unknown
Plaintiff's Experts: Unknown
Defendant's Experts: Unknown
Comments: None