Verdicts & Decisions

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

NY Jury says Vermeer stump cutter not defective

WHITE PLAINS, NY - On June 6, 2003, a Westchester County, New York jury returned a defense verdict on Friday, June 6 finding that an SC 252 stump cutter, manufactured by Vermeer Manufacturing Company in 1996, was not defective.  Plaintiff Pasqualino Guzzo-Crocamo claimed that the guard over the cutter wheel of the stump cutter was inadequate. 

The lawsuit stemmed from a May 2, 1998 accident when 30-year old Guzzo injured himself while using the stump cutter in his landscaping business.  His left leg was caught in the cutter wheel, resulting in injuries that led to an above the knee amputation.

The Vermeer guard consisted of a fixed top piece over the cutter wheel and a patented horizontal bar around the wheel, designed to rise over obstructions and allow the cutter wheel to function, while still minimizing the risk of inadvertent contact with the wheel.

Vermeer contended that Guzzo was kicking wood chips near the cutter wheel when the accident happened, as reported to the police on the day of the accident.

The six person jury rendered its verdict in the liability phase of a bifurcated trial, making the damages phase not necessary.

Pasqualino Guzzo-Crocamo and Linda Guzzo-Crocamo v. Vermeer Manufacturing Company, Vermeer Sales and Service, Inc. and Decker Tool Rental, Inc.,
Supreme Court of Westchester County, NY
Index # 745/00.

Plaintiffs' expert:  Neal Growney, Franklin Lakes, NJ.

Defense experts:  Ivan Brand, Vermeer Manufacturing Company, Pella, IA; David Sassaman, Middleville, MI.

Attorneys for plaintiff:  Harvey Ginsberg, White Plains, NY.

Attorneys for defendants: George Soule of Bowman and Brooke LLP, Minneapolis and Thomas Cerussi of Cerussi & Springs of White Plains, NYfor Vermeer and Vermeer Sales.   William Kelly, White Plains, NYfor Decker Tool Rental.