Rumberger Kirk & Caldwell Attorney Rob Blank Wins Defense Verdict for Delta International Machinery
Rumberger Kirk & Caldwell attorney Rob Blank of the Tampa office obtained a defense verdict on August 14, 2009 in federal court, Middle District of Florida, Tampa Division, for Delta International Machinery Corporation and Home Depot in the case of Joseph Larue Richter, M.D. v. Home Depot U.S.A., Inc. and Delta International Machinery Corporation, Case No.: 8:05-cv-2153-T-17.
The lawsuit was a product liability case alleging the defective design and manufacture of a 10- inch portable bench saw. Plaintiff, a medical doctor practicing internal medicine, alleged that while using the saw his work piece kicked back, striking and severing his left middle finger. Plaintiff asked the jury to award $27 million. The defense established that the Plaintiff was not using the guard, and the accident occurred due to Plaintiff's own negligence when Plaintiff's finger came in contact with the unguarded saw blade. The jury found that the saw was not defective, returning a verdict in favor of the defendants in under an hour.