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Woman alleges defective product led to husband's wrongful death

After six years of litigation, a wrongful death suit has entered the pre-trial process. In the wrongful death suit, a widow is attempting to hold multiple parties responsible for the death of her husband. The suit claims that the Texas man died resulting from a product defect of the bulldozer that he was operating at work, and his wife is seeking an undisclosed amount of damages.

On Aug. 9, 2007, the man was on the job working for his construction company. He was operating a bulldozer, but he needed to signal for a coworker. According to the suit, the machine was stationary when the man got out of his seat to signal. However, when he rose from his seat, the bulldozer reportedly moved backwards.

The man became caught in one of the machine's tracts, and he lost his life. The suit alleges that the man's death was due to a product defect with the machine. The woman is seeking unspecified wrongful death damages as well as exemplary damages. She names the company that her husband worked for, the company that sold the bulldozer and the manufacturer of the bulldozer as defendants in the lawsuit.

Any time a person is killed due to the negligence of another party in Texas, that person's family has the right to pursue a wrongful death suit. While an injury or death on-the-job typically results in a claim for workers' compensation benefits, third parties deemed negligent may also be subject to separate civil claims for personal injury or wrongful death. Sometimes, the employer may be added as a defendant in that litigation, depending upon the facts underlying the accident. Consequently, guidance is available in our state to those who may be going through a tragic situation similar to this case in an effort to ensure that the estate has the opportunity to pursue whatever legal action is appropriate.

Source: setexasrecord.com, "Pre-trial underway in wrongful death suit against Caterpillar", David Yates, Jan. 12, 2015

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