Jurisdiction: United States District Court, Springfield, MA
This case involved a hunting stand. We represented the manufacturer of tree stands, which are designed for outdoor hunting primarily for large game. The stands are used to rise above the “scent-line” and are used to then get into a sniper position.
The plaintiff, a multi-millionaire home builder, claimed that he was substantially injured and that his future ability to earn an income was diminished by the fact that he had fallen out of a tree stand when the stand moved as he was getting in. He alleged that it was defective by design. The questions regarding the design involved the safety latch methods in which to erect the stand and a failure to warn the plaintiff on the use of safety lines.
This matter was tried before Judge Ponser in the federal court in Springfield. The trial was approximately two weeks. There were experts on both sides with regard to the design stand. The defense presented an expert on hunting safety. The hunting safety expert, former game warden in the State of Mississippi and national standards author, testified that the design of the stand was common, practical and safe, and that it was the plaintiff’s failure to use proper climbing methods, which caused the stand to become disconnected when the plaintiff attempted to enter the stand. The plaintiff had received his National Safety Certificate. He should have known the proper method. The jury returned a defense verdict after four hours of deliberation. The plaintiff sustained cervical fractures at two locations, which required a complicated surgery.
There was extensive testimony from a neurosurgeon about the extent of the plaintiff’s injuries and the future disability, the extent of which was in dispute. This case had a value well in excess of $1,000,000.00.
