June 1, 2004
A 30 year old truck driver from Elizabeth was awarded $2.5 million dollars by a Middlesex County Jury on May 25, 2004. The plaintiff suffered second and third degree burns, and permanent scarring to 18% of his body when a 1981 Mercedes on which he was working, caught fire after he had installed a fuel pump manufactured by the defendant corporation. The plaintiff, represented by Evan Goldman, had some experience in installing fuel pumps and was performing the repair as a favor to his friend. The plaintiff was hospitalized for three weeks and underwent two skin grafts and a third operation.
The plaintiff alleged that the fuel pump was defective in that it contained improper warnings and instructions. Specifically, it was contended that the instructions did not warn a user that a risk of fire was present unless the nuts supplied with the fuel pump were used to connect the wires to the terminals.
There were allegations that the plaintiff improperly installed the fuel filter. The jury found the plaintiff was not negligent in any way.
Clifford Anderson a mechanical engineer from Haddonfield New Jersey, testified on behalf of the plaintiff as to the improper warnings. Ronald Thaman, a chemist and certified safety professional, from Columbus Ohio, testified that there was nothing wrong with the warnings/instructions that accompanied the fuel pump and further testified that the starter caused the fire.
Dr. Jerome Spivack, a Plastic Surgeon from Westfield testified as to the extent and nature of the burns suffered by the plaintiff. The defendant did not produce any medical testimony.
