Rolando Canales v. Ingersoll Rand Company, Cause No. C-609-02-A in the 92nd Judicial District Court of Hidalgo County, Texas

Alison D. Kennamer and Teri L. Danish of the firm defended Ingersoll Rand in this products liability lawsuit involving an asphalt vibratory compactor. Plaintiff, who had been operating the machine, commonly called a “roller,” at a jobsite at sundown, claimed that it had unexpectedly moved into reverse after he exited the machine. Plaintiff's left leg had been caught under the machine, resulting in knee and ankle ligament damage, and a severe fracture of the lower leg. Plaintiff claimed the machine possessed a design and marketing defect and that Ingersoll Rand was negligent; Ingersoll Rand contended that Plaintiff had caused the accident through his own negligence. The case went to trial on August 30, 2004. On September 7, 2004, the jury returned a complete defense verdict, finding no design defect, no marketing defect, and finding that no negligence by Ingersoll Rand caused the occurrence but negligence of Plaintiff did.