Firm News

Further Comment on Howell vs. Caterpillar, Inc, and JLG Industries, CV 174-16

By Burg Simpson

June 1, 2012  

The Law Firm of Burg Simpson Eldredge Hersh &  Jardine, P.C., had previously reported through the publication of a press release and on its website and other sources the results of a Laramie County, Wyoming District jury award in which the law firm of Burg Simpson represented the plaintiff Bruce Howell in a civil action specifically titled Howell vs. Caterpillar, Inc, and JLG Industries, CV 174-16.

In that proceeding before the First Judicial District Court in the State of Wyoming in and for Laramie County, the District Court jury determined that the total damages suffered by the plaintiff Bruce Howell was $5.2 million dollars. The previous press release did not specify, however, the apportionment of fault; and this press release is submitted for the purposes of clarifying specifically that the jury determined that 43% of the fault was apportioned to the plaintiff; 52% of the fault was apportioned to the nonparties; and 5% apportioned to the defendant Caterpillar, Inc., and JLG Industries, Inc. The jury’s judgment was thereinafter entered in favor of the plaintiff and against the defendant in the amount of $260,000.00 (or 5% of the $5.2 million dollar award) to Mr. Howell. Costs were also assessed in the amount of $22,213.04 as against the defendant and in favor of the plaintiff as the prevailing party.

As noted, the previous press release issued on this case did not reflect the apportionment of fault or liability, nor did it reflect the specific award of court costs. The publication of this information seeks to address any confusion which was created by the earlier press release and to confirm the specific amount of monetary damages assessed against party and nonparties to the litigation. Burg Simpson regrets any confusion caused by the earlier press release.

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