Phillips v Clement Industries
Products liability settlement arising out of a work related injury. Mr. Phillips was injured when struck in the head by a load binder which had been placed on the dump trailer's rear at the height of a six foot man's head. Since the load binder mechanism was known to snap back under force, placing it in the swing path of a man's head was a defective design. The manufacturer's CEO admitted at deposition that the dump trailer in question ought to have had a newer design on it where the steel bar handle would no longer have presented that risk.Settlement was $425,000. New London Superior Court(2006).