MIAMI JURY FINDS ZERO DAMAGES IN PRODUCT LIABILITY SUIT

Wagenfeld Levine Defends Vermont Manufacturer

MIAMI, FL – In 1999, an injured Florida man sought more than $1 million in damages from The Edlund Company, a Vermont manufacturer of kitchen equipment. Following a recent April 26, 2004 Miami-Dade Circuit Court trial before Judge Gill Freeman, a six woman jury returned a verdict for zero damages on April 30, 2004.

“This was an important victory for the defense,” said attorney Edward Levine, managing partner, Wagenfeld Levine, who represented Edlund. “We were pleased with the outcome. Edlund's Chief Operating Officer, Stephen Foster and Broadspire adjuster Cindy Stearns allowed us the latitude necessary to mount an effective defense in the case.”

Plaintiff Israel Serrano said he was using a hand towel and kitchen tongs to pick up a pot of boiling water and corn in a Luby’s cafeteria kitchen in Sebring, Florida, in 1995. He claimed the tongs broke, spilling the boiling water and severely burning his foot.

In his defense, Levine argued that there was no evidence that the tongs at Luby’s were made by Edlund, which is among approximately 25 U.S. manufacturers of professional kitchen equipment, nor was there evidence that Luby’s ever owned any Edlund products. Finally, Levine said that whatever brand of tongs were in the cafeteria, the plaintiff clearly misused them in trying to pick up the pot of boiling water.

Commenting on the result, Stephen Foster, Edlund’s chief operating officer, said,” It was a vigorous, intelligent and assertive defense that Mr. Levine and Ms. Forbes mounted for us. The result was just what was intended and as good as anyone could have expected.”

A 78-year-old family-owned company, Edlund develops and manufactures innovative, stainless steel kitchen equipment including can openers, portion control scales, knife sharpeners, knife racks and tongs.

With offices in Miami, St. Louis and Philadelphia, Wagenfeld Levine concentrates its practice in representation of self-insured and large retention entities. The three-office firm has a total of 25 attorneys and 42 employees.

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