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Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, the owner of the digger, in 1999.  The lawsuit alleges the shield was always inadequate and there is nothing to support the fact it was ever tested.

When a product is not safe and fails to contain an adequate warning, and you or a family member suffers property damage or personal injury as a result of these defects, you may be entitled to legal relief. To protect your rights to compensation, you should contact an experienced Pennsylvania product liability lawyer right away.

At Munley, Munley & Cartwright, our product liability attorneys have successfully represented those who have suffered damages caused by defective products.  To learn more about how we can put our experience to work for you, contact us today for a free consultation at 1-800-318-LAW or by using our online form.

Defective Product

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