Defendant's Attorney:

Description: Huntington, West Virginia personal injury lawyer represented Plaintiff, who sued Defendant on a product liability theory claiming to have suffered more than $75,000 in damages and/or injuries as a direct result of the death of Adam Ray Collins.


This case is brought by Plaintiff Cathy Collins, the Administratrix of the Estate of Adam Ray Collins. Adam Ray Collins died on February 3, 2020, due to injuries that he sustained while operating a CNC Lathe Machine on January 30, 2020. While he was operating the machine, a cylinder-shaped metal product was ejected from the machine, breaking through the machine's viewing window and striking the decedent in the head. He sustained fatal crushing injuries to his
head.

The CNC Lathe Machine at issue here was distributed by Defendant Dynamic, who is an agent of SMEC Co. Ltd. SMEC Co. Ltd. is a foreign corporation that manufactured, produced, designed, marketed, distributed, supplied, and sold the CNC Lathe Machine. Defendant SMEC America is a New Jersey Corporation, which is a wholly owned subsidiary of Defendant SMEC established in 2018 to provide factory support to the United States distributor network and customers of Defendant SMEC Co. Ltd.

Plaintiff alleges that Defendant SMEC Co. Ltd. and Defendant Dynamic engaged in marketing and advertising efforts to serve the United States market, including West Virginia. The marketing was designed to and did reach West Virginia, and the CNC Lathe Machine served a manufacturing market present in West Virginia. Plaintiff further alleges that the Court has personal jurisdiction over all Defendants based on the placement of their product into the stream of commerce consistent with the Due Process Clause, and that Plaintiff need not show additional conduct aimed specifically at West Virginia. Plaintiff asserts that the accident occurred at the machine shop in Huntington, WV, and that the CNC Lathe Machine was transported into the stream of commerce to West Virginia, as anticipated by Defendants. Further, Plaintiff asserts that Defendants derived revenue directly and indirectly through the distribution of the product serving the manufacturing industry in West Virginia.


This case is brought by Plaintiff Cathy Collins, the Administratrix of the Estate of Adam Ray Collins. Adam Ray Collins died on February 3, 2020, due to injuries that he sustained while operating a CNC Lathe Machine on January 30, 2020. While he was operating the machine, a cylinder-shaped metal product was ejected from the machine, breaking through the machine's viewing window and striking the decedent in the head. He sustained fatal crushing injuries to his

1

head.

The CNC Lathe Machine at issue here was distributed by Defendant Dynamic, who is an agent of SMEC Co. Ltd. SMEC Co. Ltd. is a foreign corporation that manufactured, produced, designed, marketed, distributed, supplied, and sold the CNC Lathe Machine. Defendant SMEC America is a New Jersey Corporation, which is a wholly owned subsidiary of Defendant SMEC established in 2018 to provide factory support to the United States distributor network and customers of Defendant SMEC Co. Ltd.

Plaintiff alleges that Defendant SMEC Co. Ltd. and Defendant Dynamic engaged in marketing and advertising efforts to serve the United States market, including West Virginia. The marketing was designed to and did reach West Virginia, and the CNC Lathe Machine served a manufacturing market present in West Virginia. Plaintiff further alleges that the Court has personal jurisdiction over all Defendants based on the placement of their product into the stream of commerce consistent with the Due Process Clause, and that Plaintiff need not show additional conduct aimed specifically at West Virginia. Plaintiff asserts that the accident occurred at the machine shop in Huntington, WV, and that the CNC Lathe Machine was transported into the stream of commerce to West Virginia, as anticipated by Defendants. Further, Plaintiff asserts that Defendants derived revenue directly and indirectly through the distribution of the product serving the manufacturing industry in West Virginia.

Outcome:

Plaintiff's Experts:

Defendant's Experts:

Comments: