A key pretrial ruling by Fulton County State Court Judge Diane Bessen on a novel question of Georgia product liability law may have paved the way for a settlement following a $29 million compensatory damages verdict in a recent wrongful death case. Efrain Hilario and Gabina Martinez Flores v. Newell Recycling of Atlanta, Inc. (12EV015400).
(VERDICT UPDATE: The jury found for the estate of Erik Hilario in the amount of $8.25 million for pain and suffering and for his parents in the amount of $21 million for his wrongful death ,for a total compensatory verdict of $29.25 million. The jury also determined that Erik Hilario was solely the employee of Newell Recycling, LLC at the time of his death. The jury also found for plaintiffs on the grounds of product liability for both negligent design and failure to warn.The jury determined that plaintiffs were also entitled to punitive damages. The parties entered into a post-verdict confidential settlement before the jury heard evidence on punitive damages. CVN will conintue to report on the case as it develops.)
Atlanta—The tragic death of a 19-year-old worker in an industrial fire at an Atlanta recycling plant has become the subject of a heated trial currently underway in Fulton County State Court. Efrain Hilario et al. v. Newell Recycling of Atlanta, Inc. (12EV015400).