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.
Makita had not tried a case to verdict in more than 15 years, until Landi v. Makita. In this $2.1 million product liability claim, Plaintiff John Landi, a licensed and experienced general contractor, alleged the Makita compound miter saw he used was defective in design and unsafe. Landi also admitted the method he was using to perform the cut at the time of the accident was precisely what Makita repeatedly warned him not to do in its instruction manual and through the on-product labeling.
On October 8, 2015, Mr. Landi testified he was using a ten-inch (10”) Makita dual slide, compound miter saw to cut a six-foot (6’) section of crown molding when the board kicked up, causing his left arm to move into the saw blade and a laceration of his left forearm. Mr. Landi cut through his radius and ulna as well as multiple tendons and nerves. At trial Makita proved the sole cause of the injury was by plaintiff’s misuse, demonstrating safety features such as “link actuated guards” and proper usage.
Representing Makita at trial were Frank Hosley and Justin Niznik of Bowman and Brooke.
Landi v. Home Depot, Inc., No. 2:17-cv-00701 (M.D. Fla.)