Cavanaugh v. Skil Corporation, 331 N.J. Super. 134 (App. Div. 1999), 164 N.J. 1 (2000)

Bruce H Zamost

Case Conclusion Date:December 11, 1996

Practice Area:Defective / Dangerous Products

Outcome:Jury Verdict in favor of plaintiff in landmark product liability case upheld on appeal to Appellate Court and upheld on appeal to NJ Supreme Court

Description:Mr. Zamost obtained a substantial jury verdict for a carpenter injured by a defective circular saw in this important product liability case. Mr. Zamost successfully argued to uphold that verdict before both the NJ Appellate Court and also before New Jersey's highest court, the NJ Supreme Court. This case established significant precedents regarding state-of-the art doctrine, comparative negligence and other principles of tort law, evidence law, civil procedure and constitutional law. The duration of this case spanned a decade, the accident having occurred in 1990, the trial in 1996, the appellate process having concluded in favor of Mr. Zamost's client in 2000, and the judgment of approximately $240,000, with interest, having been paid by the Skil Corporation in 2001. The plaintiff sustained the traumatic amputation to the tip of the 5th toe of the right foot. The Skil Corporation made no settlement offer, requiring this trial by jury.