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Queen v. W.I.C., Inc.

United States District Court, S.D. Illinois

September 5, 2017

JORDAN QUEEN, Plaintiff,
v.
W.I.C., Inc., Defendant.

          W. Wylie Blair ATTORNEY FOR PLAINTIFF(S)

          John S. Sandberg ATTORNEY FOR DEFENDANT(S)

          Andrew D. Ryan ATTORNEY FOR DEFENDANT(S)

          ORDER

          David R. Herndon United States District Court Judge

         FINAL PRETRIAL ORDER

         This matter comes before the Court for Final Pretrial Conference held pursuant to Federal Rule of Civil Procedure 16.

         II. NATURE OF THE CASE

         This is a case Plaintiff Jordan Queen filed against Defendant WW Industrial Corp. for personal injuries he experienced when he stepped off and fell from a Sniper STLS41 “Scout” ladder stand he was climbing as it bent. The ladder stand was manufactured for and distributed by Defendant WW Industrial Corp. The only issue for you, the jury, to decide is what damages Plaintiff Queen sustained as a result of the fall.

         III. JURISDICTION

         A. This is an action for damages.

         B. The Court's jurisdiction is not disputed. Jurisdiction is based upon diversity of citizenship pursuant to 28 U.S.C. § 1332 in that it involves citizens of different states and the amount in controversy exceeds $75, 000.

         IV. UNCONTROVERTED FACTS

         The following facts are not disputed or have been agreed to or stipulated to by the parties:

1. On October 12, 2013, Plaintiff Jordan Queen was erecting for the first time a Sniper “Scout” STLS41 ladder stand near Orchardville, Illinois. The STLS41 was manufactured for and distributed by Defendant WW Industrial Corp. The STLS41 is 18 feet tall, weighs 65 pounds, and is comprised of a seat platform, a foot platform, and three ladder sections that connect to one another with components called safety sleeves and snap pins. The ladder stand's purpose is to provide an elevated platform from which users are able to shoot when hunting.
2. Plaintiff Queen as a result of the accident experienced a bimalleolar fracture to his right tibia and fibula and a pilon fracture of the right distal tibia that required two surgeries, placement of an external fixator on October 13, 2013, and an open reduction and internal fixation surgery on November 4, 2013.
3. Plaintiff Queen returned to full-time employment with the Centralia City Schools on December 9, 2013, after 37 missed working days.

         The parties propose to convey these facts to the jury in ...


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