Hilario v. Newell Recycling of Atlanta

VERDICT

Trial
08/25/15 – 09/03/15

Summary

Erik Hilario, age 19, was working at Newell Recycling's East Point facility when he died in a fire. His parents brought the suit against various related corporate entries. He was working on a machine that punched holes in gas tanks to drain them before recycling. Plaintiffs allege that gasoline leaked out into sawdust where Hilario was standing. There are both product and premises liability claims in the case. Defendants claim the case is a worker's comp case, but the judge has ruled that the question of just which entity was Hilario's employer at the time is for the jury.

Outcome

Verdict for plaintiff:

Compensatory damages

Estate of Erik Hilario for pain and suffering $8,250,000
Hilario's parents for his wrongful death: $21,000,000

TOTAL: $29,250,000.

The jury also found plaintiffs were entitled to punitive damages, but the parties reached a confidential settlement on punitive damages before hearing evidence.

Jury found that Erik Hilario was an employee of Newell Recycling, LLC, at the time of his death.

Jury found against defendant Newell Recycling of Atlanta, Inc., on issue of product liability both for negligent design and failure to warn.

Case Information
Attorneys
Witnesses
Plaintiff
Defense
Verdict
$29,250,000
Judge
Diane Bessen
Jurisdiction
State Court of Georgia, Fulton County
Court
Justice Center Tower
Case Number
12EV015400
Industry
Manufacturing
Practice Area
Negligence, Workers' Compensation, Products Liability
Plaintiff
Hilario, Efrain
Defense
Newell Recycling of Atlanta
Expert Witnesses
Lay Witnesses

Sessions

AUG
25
AUG
26
AUG
27
AUG
28
AUG
31
SEP
1
SEP
2
AM Session
Other
2 Chapters
AM Session
Other
2 Chapters
AM Session
Other
2 Chapters
SEP
3

Recording Disclaimer: This proceeding was recorded in full.

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