Missouri Federal Jury Renders Net $ 400,000 Verdict For Hunter Injured When Straps On Tree Stand Broke In Product Liability Action
Plaintiff Dennis Pitman was attempting to secure a tree stand base to a tree for an upcoming deer hunting season. He was using a dual ratchet strap kit, manufactured and sold by defendants Ameristep Corporation and Tahsin Industrial Corporation USA, to secure his stand to the tree. One of the ratchet straps failed, causing plaintiff to fall over 20 feet to the ground. Although the replacement straps were rated for a tensile strength in excess of 1000 lbs., plaintiff's straps failed at a much reduced strength after an alleged five months of use. Plaintiff claimed that defendant conducted no testing to determine the straps' resistance to environmental degradation and did nothing to prevent the inherent degradation of polypropylene when exposed to ultraviolet radiation. Plaintiff also claimed that no instructions were given as to testing the straps for deterioration. Defendant contended that, contrary to plaintiff's testimony, the straps were actually quite old, and plaintiff should have recognized the signs of wear. Defendant further contended that plaintiff was comparatively at fault for failing to wear a full-body safety harness that would have arrested his fall. By the time of trial, defendants had changed their product instructions to include a one-year suggested expiration date, a date defendants and their experts agreed would have been well within the margin of safe use.
Plaintiff claimed that he sustained permanent and severe injuries in the fall, including but not limited to a 14" laceration and degloving wound to his left arm. He was required to undergo surgical repair in an attempt to repair the internal damage to his left arm, including damage to multiple muscles, soft tissues, arteries and bone.
Plaintiff filed a state court product liability action against defendants on July 31, 2013. The action was removed to the United States District Court for the Eastern District of Missouri on Aug 29, 2014, and assigned to Judge E. Richard Weber. On Nov. 17, 2016, the jury returned a verdict finding Ameristep 50% at fault and plaintiff 50% at fault. The total award, prior to reduction for plaintiff's fault, was $ 800,000. The court subsequently entered judgment for plaintiff in the amount of $ 400,000.
According to information provided by plaintiff's counsel, defendant offered $ 15,000 and then $60,000 to settle the case. Plaintiff's first demand was $700,000 and second demand was $350,000. Plaintiff was represented by Daniel Bruntrager of Bruntrager & Billings; Timothy W. Monsees of Monsees & Mayer PC; and Brent A. Lance of The Lance Law Firm. Defendants were represented by Milton S. Karfis and Bishop Bartoni of Clark Hill PLC.
Lexis Advance subscribers may view the entire summary here: Dennis Pitman v. Ameristep Corporation and Tahsin Industrial Corporation USA; 2016 Jury Verdicts LEXIS 9309
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