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Date: 04-14-2018

Case Style:

Brian Goodrich and Patricia Goodrich v. Cimline, Inc. and Garlock Equipment, Inc.

District of Massachusetts Federal Courthouse - Worcester, Massachusetts

Case Number: 4:15-cv-40030-TSH

Judge: Timothy S. Hillman

Court: United States District Court for the District of Massachusetts (Hampden County)

Plaintiff's Attorney: John Martin, Kathy Cook, Luke Rosseel, Tim Wilton

Defendant's Attorney: Lauris A. Heyerdahl, Paul R. Smith, Andrew P. Lawendowski and Anthony E. Abeln for Cimline


Description: Worcester, MA - Brian Goodrich and Patricia Goodrich, individually and as mother and next friend of S.M.G. and S.L.G., sued Cimline, Inc. and Garlock Equipment, Inc. on product liability theories claiming that they were injured and harmed as a direct result of a defect in the crack sealing machine and fell on Brian and injured him in 2013.

Brian was changing the oil in the machine when it slipped off a jack. He suffered face and skull fractures and was blinded in one eye and suffered brain damage that impaired his cognitive function.

Cimline manufactures and sells the Magma M2 machine tht is used to heat and pump asphalt through a hose for injection into road cracks.

Since 1970 The Cimline Pavement Maintenance Group has focused on bringing innovative solutions to the Pavement Maintenance Industry.

Court Docket Entries for this case since January 1, 2018:

01/16/2018 105 District Judge Timothy S. Hillman: FINDING AND ORDER entered granting in part and denying in part 85 Motion for Summary Judgment and granting in part and denying in part 88 Motion to Strike. (Castles, Martin) (Entered: 01/16/2018)
01/16/2018 106 ELECTRONIC NOTICE of Hearing. Final Pretrial Conference set for 3/19/2018 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. All pretrial filings, including in limine motions, Proposed voir dire questions, Proposed jury instructions, Witness/exhibits lists, Proposed verdict form, and any trial briefs are due by 3/8/18, Responses to in limine motions are due by 3/15/18.(Castles, Martin) (Entered: 01/16/2018)
02/02/2018 107 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 2/14/2018 at 3:00 PM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman. (Castles, Martin) (Entered: 02/02/2018)
02/13/2018 108 NOTICE to counsel. The call in telephone number is 888-675-2535 - access code 9932461. (Castles, Martin) (Entered: 02/13/2018)
02/15/2018 109 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Telephone Conference held on 2/15/2018, Case called, Counsel appear for status conference, Court sets jury empanelment date, ( Jury Selection set for 3/23/2018 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman), Jury trial date remains scheduled for 3/26/18 and final pretrial conference remains scheduled for 3/19/18, Court will allow counsel to appear by telephone at the pretrial conference, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Cook/Smith,Abeln,Heyerdahl) (Castles, Martin) (Entered: 02/15/2018)
03/01/2018 110 NOTICE of Appearance by Timothy J. Wilton on behalf of Brian Goodrich, Patricia Goodrich (Wilton, Timothy) (Entered: 03/01/2018)
03/08/2018 111 Exhibit List by All Plaintiffs.. (Cook, Kathy) (Entered: 03/08/2018)
03/08/2018 112 Proposed Jury Instructions by All Plaintiffs. (Cook, Kathy) (Entered: 03/08/2018)
03/08/2018 113 Witness List by Brian Goodrich. (Cook, Kathy) (Entered: 03/08/2018)
03/08/2018 114 MOTION in Limine by Brian Goodrich. (Attachments: # 1 Exhibit Expert Report)(Cook, Kathy) (Entered: 03/08/2018)
03/08/2018 115 Exhibit List by Cimline, Inc... (Smith, Paul) (Entered: 03/08/2018)
03/08/2018 116 Proposed Voir Dire by Cimline, Inc.. (Smith, Paul) (Entered: 03/08/2018)
03/08/2018 117 Witness List by Cimline, Inc.. (Smith, Paul) (Entered: 03/08/2018)
03/08/2018 118 MOTION in Limine regarding 'golden rule' or 'reptile theory' argument by Cimline, Inc..(Smith, Paul) (Entered: 03/08/2018)
03/08/2018 119 MEMORANDUM in Support re 118 MOTION in Limine regarding 'golden rule' or 'reptile theory' argument filed by Cimline, Inc.. (Smith, Paul) (Entered: 03/08/2018)
03/08/2018 120 MOTION in Limine regarding prior rulings by Cimline, Inc..(Smith, Paul) (Entered: 03/08/2018)
03/08/2018 121 MEMORANDUM in Support re 120 MOTION in Limine regarding prior rulings filed by Cimline, Inc.. (Smith, Paul) (Entered: 03/08/2018)
03/08/2018 122 MOTION in Limine regarding Plaintiffs' expert Bransford Pickett by Cimline, Inc..(Smith, Paul) (Entered: 03/08/2018)
03/08/2018 123 MEMORANDUM in Support re 122 MOTION in Limine regarding Plaintiffs' expert Bransford Pickett filed by Cimline, Inc.. (Smith, Paul) (Entered: 03/08/2018)
03/08/2018 124 AFFIDAVIT in Support re 122 MOTION in Limine regarding Plaintiffs' expert Bransford Pickett filed by Cimline, Inc.. (Attachments: # 1 Exhibit Pickett report)(Smith, Paul) (Entered: 03/08/2018)
03/08/2018 125 Witness List by Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 03/08/2018)
03/08/2018 126 Exhibit List by Garlock Equipment Co., Inc... (Heyerdahl, Lauris) (Entered: 03/08/2018)
03/08/2018 127 Proposed Jury Verdict by Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 03/08/2018)
03/08/2018 128 Proposed Voir Dire by Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 03/08/2018)
03/08/2018 129 MOTION for Joinder in Cimline's Motions in limine by Garlock Equipment Co., Inc..(Heyerdahl, Lauris) (Entered: 03/08/2018)
03/09/2018 130 Proposed Jury Instructions by Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 03/09/2018)
03/09/2018 131 Proposed Jury Instructions by Cimline, Inc.. (Smith, Paul) (Entered: 03/09/2018)
03/15/2018 132 MEMORANDUM in Opposition re 114 MOTION in Limine to preclude testing evidence filed by Cimline, Inc., Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 03/15/2018)
03/15/2018 133 Opposition re 118 MOTION in Limine regarding 'golden rule' or 'reptile theory' argument filed by Brian Goodrich. (Cook, Kathy) (Entered: 03/15/2018)
03/15/2018 134 Opposition re 122 MOTION in Limine regarding Plaintiffs' expert Bransford Pickett filed by Brian Goodrich. (Cook, Kathy) (Entered: 03/15/2018)
03/19/2018 135 NOTICE to counsel. The call in telephone number for today is 888-675-2535 - access code 9932461. (Castles, Martin) (Entered: 03/19/2018)
03/19/2018 136 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Final Pretrial Conference held on 3/19/2018; Case called, Counsel appear for final pretrial conference, Court hears arguments of counsel re in limine motions, Court rules taking under advisement 114 Motion in Limine; taking under advisement 118 Motion in Limine; granting 120 Motion in Limine; taking under advisement 122 Motion in Limine; granting 129 Motion for Joinder; Court and counsel discuss jury empanelment, Voir dire questions, Trial exhibits, JERS disk, Possible jury view, etc., Jury empanelment to take place on Friday 3/23/18 at 9:00AM, Trial dates are as follows: ( Jury Trial set for 3/26/2018 09:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman., Jury Trial set for 3/27/2018 09:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman., Jury Trial set for 3/28/2018 09:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman., Jury Trial set for 3/29/2018 09:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman., Jury Trial set for 3/30/2018 09:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman.). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com.)(Attorneys present: Wilton/Smith,Heyerdahl) (Castles, Martin) (Entered: 03/19/2018)
03/19/2018 137 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered reserving ruling until trial on 114 Motion in Limine; granting 118 Motion in Limine; and reserving ruling until trial on 122 Motion in Limine. (Castles, Martin) (Entered: 03/19/2018)
03/23/2018 138 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Selection held on 3/23/2018, Case called, Counsel appear for jury trial day 1, Voir dire held, Jury selection held, Court empanels 8 jurors, Jury trial continued to 3/26/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi,Abeln) (Castles, Martin) (Entered: 03/23/2018)
03/26/2018 139 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/26/2018, Case called, Counsel appear for jury trial day 2, Opening statements of plaintiffs given, Opening statements of defendants given, Plaintiffs' case commences with witness testimony, Jury trial continued to 3/27/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi,Abeln) (Castles, Martin) (Entered: 03/26/2018)
03/27/2018 140 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/27/2018, Case called, Counsel appear for jury trial day 3, Plaintiffs' case continues with witness testimony, Jury trial continued to 3/28/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahl) (Castles, Martin) (Entered: 03/27/2018)
03/28/2018 141 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/28/2018, Case called, Counsel appear for jury trial day 4, Plaintiffs' case continues with witness testimony, Jury trial continued to 3/29/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi) (Castles, Martin) (Entered: 03/28/2018)
03/29/2018 142 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 3/29/2018, Case called, Counsel appear for jury trial day 5, Plaintiffs' case continues with witness testimony, Plaintiffs rests, Jury trial continued to the following dates, ( Jury Trial set for 4/4/2018 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman., Jury Trial set for 4/5/2018 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman., Jury Trial set for 4/6/2018 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi) (Castles, Martin) (Entered: 03/29/2018)
03/30/2018 143 Amended Proposed Jury Instructions by Brian Goodrich, Patricia Goodrich, S.L.G., S.M.G.. (Cook, Kathy) (Entered: 03/30/2018)
04/02/2018 144 MOTION for Judgment as a Matter of Law by Cimline, Inc., Garlock Equipment Co., Inc..(Heyerdahl, Lauris) (Main Document 144 replaced on 4/3/2018) (Burgos, Sandra). (Entered: 04/02/2018)
04/02/2018 145 MEMORANDUM in Support re 144 MOTION for Judgment as a Matter of Law filed by Cimline, Inc., Garlock Equipment Co., Inc.. (Attachments: # 1 Exhibit A Bransfrod Pickett testimony, # 2 Exhibit B Dr. McGrath testimony)(Heyerdahl, Lauris) (Main Document 145 replaced on 4/3/2018) (Burgos, Sandra). (Entered: 04/02/2018)
04/03/2018 146 MOTION in Limine During Trial by Brian Goodrich, Patricia Goodrich, S.L.G., S.M.G.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Cook, Kathy) (Entered: 04/03/2018)
04/03/2018 147 Opposition re 144 MOTION for Judgment as a Matter of Law filed by Brian Goodrich, Patricia Goodrich, S.L.G., S.M.G.. (Cook, Kathy) (Entered: 04/03/2018)
04/04/2018 148 Proposed Jury Verdict by All Plaintiffs. (Cook, Kathy) (Entered: 04/04/2018)
04/04/2018 149 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 4/4/2018, Case called, Counsel appear for jury trial day 6, Court rules denying 144 Motion for Judgment as a Matter of Law; Dft's case commences with witness testimony, Jury trial continued to 4/5/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi) (Castles, Martin) (Entered: 04/04/2018)
04/05/2018 150 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 4/5/2018, Case called, Counsel appear for jury trial day 7, Dfts' case continues with witness testimony, Jury trial continued to 4/6/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi) (Castles, Martin) (Entered: 04/05/2018)
04/06/2018 151 Supplemental Proposed Jury Instructions by Cimline, Inc., Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 04/06/2018)
04/06/2018 152 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 4/6/2018, Case called, Counsel appear for jury trial day 8, Dfts' case continues with witness testimony, Dft rests, Closing arguments of parties given, Court charges jury, Jury deliberations commence, Jury trial continued to 4/9/18 at 9:00AM, (Court Reporter: Marianne Kusa-Ryll at justicehill@aol.com)(Attorneys present: Martin,Wilton/Smith,Heyerdahi) (Castles, Martin) (Entered: 04/09/2018)
04/09/2018 153 Witness List from jury trial. (Castles, Martin) (Entered: 04/09/2018)
04/09/2018 154 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 4/9/2018, Case called, Counsel appear for jury trial day 9, Jury deliberations continue, ( Jury Trial set for 4/10/2018 09:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman). (Court Reporter: Kelly Mortellite at mortellite@gmail.com)(Attorneys present: Martin,Wilton/Smith) (Castles, Martin) (Entered: 04/09/2018)
04/10/2018 155 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 4/10/2018, Case called, Counsel appear for jury trial day 10, Jury deliberations continue, ( Jury Trial continued to 4/11/2018 at 9:00 AM in Courtroom 2 - Worcester before District Judge Timothy S. Hillman.). (Court Reporter: Debra Joyce at joycedebra@gmail.com)(Attorneys present: Martin,Wilton/Smith) (Castles, Martin) (Entered: 04/10/2018)
04/11/2018 156 Supplemental Proposed Jury Instructions by Cimline, Inc., Garlock Equipment Co., Inc.. (Heyerdahl, Lauris) (Entered: 04/11/2018)
04/11/2018 157 Electronic Clerk's Notes for proceedings held before District Judge Timothy S. Hillman: Jury Trial held on 4/11/2018, Case called, Counsel appear for jury trial day 11, Jury deliberations continue, Jury returns verdict in favor of the plaintiffs, Jury excused from service with thanks of the Court, Judgment to enter, (Court Reporter: Lee Marzilli at leemarz@aol.com)(Attorneys present: Martin,Wilton/Smith) (Castles, Martin) (Entered: 04/11/2018)
04/11/2018 158 JURY VERDICT in favor of Plaintiffs against Defendants. (Castles, Martin) (Entered: 04/11/2018)
04/11/2018 159 EXHIBITS (Questions by the jury) (Castles, Martin) (Entered: 04/11/2018)
04/11/2018 160 District Judge Timothy S. Hillman: ELECTRONIC ORDER entered terminating 114 Motion in Limine; terminating 122 Motion in Limine; terminating 146 Motion in Limine. Motions were resolved in open court during the jury trial. (Castles, Martin) (Entered: 04/11/2018)
04/12/2018 161 MOTION To Assess Statutory Interest by Brian Goodrich, Patricia Goodrich, S.L.G., S.M.G..(Cook, Kathy) (Entered: 04/12/2018)



Outcome: Plaintiff's verdict for $8.5 million.

Plaintiff's Experts:

Defendant's Experts:

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