Products Liability Law Reporter
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Failure to provide protective device on tire inflation machine
September 8, 2020Doe, an auto mechanic in his 50s, was using a machine to deflate a tire and tube that his coworker had overinflated. Before Doe could deflate the tube, it exploded, and the tire was ejected from the machine, causing Doe to fall backward and strike his head on a metal work bench. Doe suffered fractured facial bones and a traumatic brain injury, which has prevented him from returning to work.
Doe sued the machine’s manufacturer, alleging it failed to require that the machine be fitted with a device designed to prevent an exploding tire and rim from being ejected from the machine. Suit also alleged the manufacturer’s franchisee had failed to offer the protective device to Doe’s employer.
The defense argued that Doe and his coworker had misused the machine and failed to heed warnings against using an external hose to inflate the tire and tube.
The parties settled for $825,000.
Citation: Doe v. Roe Mfr., Undisclosed Dkt. No. (Mass. Confidential Dkt. No. Mar. 10, 2020).
Plaintiff counsel: AAJ member Kenneth Kolpan and Joseph Burke, both of Boston.
