The Florida Third District Court of Appeals has upheld a $13 million verdict in a wrongful death product liability case litigated by The Haggard Law Firm, led by attorneys Pedro Echarte and Todd Michaels, along with co-counsel Ernesto Santos of HALPERN | SANTOS | PINKERT, and Haggard Law appellate attorney Jim Blecke. This decision, which stems from a verdict in Miami-Dade County Court in July 2023, involves the carbon monoxide poisoning death of Matthew Burns, a beloved father of two, resulting from his use of a piece of equipment he rented from Sunbelt Rentals, Inc.
Court’s Decision on Expert Testimony
The court’s ruling addressed the defendant’s objections regarding the testimony of two plaintiff’s experts under the Daubert standard, as well as the claim that one of the Estate’s experts provided “surprise” testimony. Sunbelt Rentals, the defendant in the case, argued that excluding this expert testimony would have left the record insufficient to support the jury’s verdict and requested an entire dismissal of the case. The appellate court rejected these arguments and affirmed the jury’s decision, ensuring justice for the Burns family (click below to read the court opinion).
The Tragic Incident and Preventable Death
On July 12, 2019, Matthew Burns tragically lost his life due to carbon monoxide poisoning while operating a “Shot Blaster” machine, which he had rented from Sunbelt Rentals. Attorneys Echarte, Michaels, and Santos argued that Sunbelt Rentals was negligent in renting out the equipment without the necessary safety equipment, including a carbon monoxide monitor, and failing to warn Mr. Burns of the need for such equipment. Sunbelt was aware that the machine would be used in indoor or partially enclosed environments, putting operators like Mr. Burns at serious risk for carbon monoxide poisoning. The legal team further highlighted that Sunbelt Rentals failed to follow the manufacturer’s instructions and warnings in the machine’s manual. As per the manufacturer’s safety guidelines, Sunbelt should have informed Mr. Burns to use a portable carbon monoxide monitor and ensure he received proper training before operating the machine.
Matthew Burns’ Family’s Heartbreaking Loss
Matthew Burns left behind his wife and their twin children. Through their dedicated legal work, The Haggard Law Firm has ensured that the Burns family received justice for their devastating loss and highlighted the urgent need for better safety standards in the rental equipment industry.
Experienced Attorneys in Complex Product Liability Cases
The Haggard Law Firm has a proven track record in handling some of the most complex product liability cases nationwide. Our team has represented families affected by dangerous products ranging from faulty theme park rides to defective boating equipment, unsafe sports gear, and hazardous pool drains. We are committed to helping victims of product failures seek justice and compensation for their losses.
“Andy” Haggard, Michael Haggard, Douglas McCarron, Todd Michaels and Christopher Marlowe were named Super Lawyers in the Personal Injury General: Plaintiff category. Attorney James Blecke was recognized in the Appellate category. While, attorneys Pedro Echarte and Jason Brenner were selected as 2017 Super Lawyers Rising Stars in the Personal Injury General: Plaintiff category.
