STEVENS vs. PERPETUAL MACHINE CO, SHAW INDUSTRIES GROUP INC.
Mar 26, 2010OUTCOME: Victory for my widowed client.
Wrongful Death, Products Liability http://caselaw.findlaw.com/ga-court-of-appeals/1521362.html Daniel Stevens was fatally injured while performing maintenance on a machine at his place of employmen ... t, Shaw Industries Group, Inc. His widow, Vickie Stevens (Stevens), individually and as administrator of his estate, filed wrongful death actions against two defendants: (i) Perpetual Machine Company, the manufacturer of the machine; and (ii) The Dixie Group, Inc., a former owner of the machine before it was sold to Shaw. Judgment affirmed in part and reversed in part in Case No. A09A1932. Judgment affirmed in Case No. A09A2064. The Court held that summary judgment for Perpetual was not warranted under its defense of assumption of the risk. Given the evidence of the design of Perpetual's machine, the Court find no error in the trial court's denial of its motion for summary judgment on the issue of punitive damages.
