I wonder if Woodmizer settled the suit filed in the 90's
QuotedThree-year-old plaintiff Lorena Davis was injured when she wandered off her grandparents’ porch to a portable sawmill and put her hand in the sprocket gear of the sawmill. Through her guardian ad litem, plaintiff brought suit against Wood-Mizer Products, Inc., the manufacturer of the sawmill, for defective design, and against her grandparents, Glenn H. and Dorothie Davis, for negligent supervision. These defendants filed cross-complaints for indemnity against each other. Before trial, the grandparents’ homeowners’ insurance carrier settled with plaintiff for $300,000 and assignment of the cross-complaint for indemnity against Wood-Mizer. The jury found for plaintiff and awarded damages of $420,100. It apportioned liability 99 percent to Wood-Mizer and 1 percent to Dorothie Davis. The court entered judgment of $415,899 against Wood-Mizer (99 percent of $420,100).
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14 Comments:
I read this and had to wonder - who in their right mind would let a three year old wander around a sawmill unsupervised?
As a mom, and a sawyer, I have to wonder why the child was allowed out of sight of those in charge of her. Then again, that's probably just me.
The world is just too sue happy, I suppose.
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Who ever was supervising the child (like parents)should receive the Darwin award. Unfortunately they have already reproduced.
Presumably it was turned on? How many 3 year olds (or anyone for that matter) go up to a noisy piece of machinery like that and put their hand in it? They should be removed from the gene pool, not compensated for it.
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I wonder if anyone has considered the increase in cost of sawmills and insurance from these kinds of suits.
As for the guardians the should be charged with neglect.
I have to say that it is terrible that a chid was hurt. Do any of my fellow sawyers have safety protocals in place for their yards I do for this very reason. Safety is paramount for everyone.As far as foxfire womans comment on the world being sue happy I have to say that it is more of an American trait. In Canada our liable laws are different and you can not sue at will. America is a good country ,but it would be better if the government would tighten up the laws on liability. People have to assume a certain amount of responsibility for their own lives,not blame it on others. Woodmizer makes a excellent product it has helped me make a better life for myself with good old fashioned hard work. That is something we can all agree on!
You could put a bubble around the mill and if the kid hit the bubble and fell Woodmizer would get sued for the bubble being bad. People sue and win because our courts do not look at the responsibility of the individuals who hurt them selves because of themselves. I hope the little girl was not severly injured and that her grandparents sold the mill. They are not smart enough to own one.
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