Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Brandon, et al. v. Galbreath, Inc. and Yale a/k/a Naaco Materials

Date: 10-19-1998

Case Number: 94-013-CV1

Judge: John M. Montgomery

Court: Circuit Court, Lowndes County, Mississippi

Plaintiff's Attorney: David Baria of Hubbard Pierce & Daria, P.L.L.C., Jackson, Mississippi;
David O. Kemp, Dallas, Texas;
R. David Kaufman of
Brunini, Grantham, Grower & Hewes, Jackson, Mississippi;
Joseph N. Studdard of Dunn, Webb, McEwen & Studdard, Columbus, Mississippi.

Defendant's Attorney: Richard H. Spann of Mitchell, McNutt, Threadgill, Smith & Sams, Columbus, Mississippi
and
J. Gordon Flowers of Gholson, Hicks, Nichols & Ward, Columbus, Mississippi

Description:

Products liability - wrongful death - Yale forklift. Plaintiffs sought damages from defendants alleging that John Wesley Brandon was injured when his foot inadvertantly hit one of the forklift's control levers which caused the forklift's mast to tilt backward crushing his pelvis and rupturing his bladder. Six days after the accident following two surgeries, he died from a fat embolism. Mr. Brandon was 48-years-old and had a daughter who was 18 at the time of his death. He was earning $40,000 a year. Mr. Brandon's widow claimed that the design of the forklift made it defective and unreasonably dangerous. Defendants claimed that Brandon used the machine in an unforseeably dangerous manner.

Outcome:

Verdict for plaintiffs for $3.5 million reduced to $2.45 million based upon decedent's employer's fault.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

None

About This Case

What was the outcome of Brandon, et al. v. Galbreath, Inc. and Yale a/k/a Naaco M...?

The outcome was: Verdict for plaintiffs for $3.5 million reduced to $2.45 million based upon decedent's employer's fault.

Which court heard Brandon, et al. v. Galbreath, Inc. and Yale a/k/a Naaco M...?

This case was heard in Circuit Court, Lowndes County, Mississippi, MS. The presiding judge was John M. Montgomery.

Who were the attorneys in Brandon, et al. v. Galbreath, Inc. and Yale a/k/a Naaco M...?

Plaintiff's attorney: David Baria of Hubbard Pierce & Daria, P.L.L.C., Jackson, Mississippi; David O. Kemp, Dallas, Texas; R. David Kaufman of Brunini, Grantham, Grower & Hewes, Jackson, Mississippi; Joseph N. Studdard of Dunn, Webb, McEwen & Studdard, Columbus, Mississippi.. Defendant's attorney: Richard H. Spann of Mitchell, McNutt, Threadgill, Smith & Sams, Columbus, Mississippi and J. Gordon Flowers of Gholson, Hicks, Nichols & Ward, Columbus, Mississippi.

When was Brandon, et al. v. Galbreath, Inc. and Yale a/k/a Naaco M... decided?

This case was decided on October 19, 1998.