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$________ FOR PLAINTIFF AND ON THIRD PARTY ACTION AGAINST SPRING MANUFACTURER Defective and/or dangerous design of swivel chair - Swivel chair suddenly slid down causing the plaintiff a back injury - Third party action against manufacturer of gas spring used in chair.

U.S. District Court, West Virginia

The plaintiff contended that the defendant’s swivel chair was defectively designed and dangerous in that the chair suddenly gave way, causing the plaintiff injury. The defendant denied the allegations and brought a third party action against the manufacturer of the gas spring used in the chair.

The male plaintiff was employed by the United States Postal Service and worked out of its facility in Charlestown, WV. On September 20, ________ the plaintiff was performing his job duties and since he didn’t have any set work station, sat on the swivel chair in question. When the defendant sat on the chair, it suddenly and without warning collapsed to its lowest position. The plaintiff, who already suffered from a back injury, was further injured and unable to return to his position at the post office.

The plaintiff brought suit against the manufacturer of the chair alleging that the gas spring in the chair had failed and that this failure caused the chair to collapse.

The defendant denied the allegations and filed a third party complaint against the gas spring manufacturer.

The defendant also denied the nature and extent of the plaintiff’s injuries, contending that even if the spring did fail, the chair would have descended slowly and only a few inches, and not suddenly as the plaintiff alleged.

At the conclusion of the trial, the jury found in favor of the plaintiff determining that the chair was not fit for its intended use and awarded the plaintiff the sum of $________, which included $________ in economic damages. The jury found for the defendant on the third party complaint.

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