Products Liability Law Reporter

Corey Tatom, 3, was an operator at a chemical plant. As he was opening an industrial safety gate, the gate derailed from its track, causing him to fall off the edge of the floor to the pavement approximately 14 feet below. Tatom suffered arm, spine, and femur fractures, necessitating surgeries, rehabilitation, and physical therapy. His past medical expenses totaled over $225,000. He has not returned to his job, at which he had earned approximately $100,000 annually.

Tatom sued Production Specialties Corp., which designed, manufactured, and sold the gate, alleging negligence. Suit also named S&B Engineers and Constructors Ltd., which maintained the plant. The plaintiff alleged that the gate should have had a secondary retention system to hold it in place and that the gate’s warning and maintenance instructions were inadequate.

The plaintiff settled confidentially with S&B Engineers before trial. The jury awarded more than $3.93 million, apportioning liability at 60% to Tatom’s employer, 20% to S&B, and 10% each to Tatom and Production Specialties. The parties later settled for a confidential amount.

Citation: Tatom v. Production Specialties Corp., No. 2017-58311 (Tex. Dist. Ct. Harris Cty. June 2020).

Plaintiff counsel: AAJ members S. Scott West and Maddison M. West, Sugar Land, Texas.

Plaintiff experts: Glenn Bricken, counseling, The Woodlands, Texas; Donald Phillips, safety, Memphis; and Kenneth McCoin, economics, and Benjamin Agana, physical medicine, both of Houston.

Defense experts: Edward Fritsch, engineering, and Michael Sawyer, OSHA/workplace safety, both of Houston.