A strong opening statement to a federal jury led to settlement of a complex
product liability case involving a large central Nebraska Dairy. In mid-May,
2003, a 12 member US District Court jury heard opening statements by David
Domina for the plaintiffs and a Denver CO lawyer for manufacturer Westfalia
Surge, Inc., the world's 2nd largest milking machine company.
Defense lawyers asked US Circuit Judge William Jay Riley, Omaha, sitting
by designation as a trial judge, for time to discuss settlement after
hearing Domina's opening statement for Halimage Farms LLC.
Halimage hired Domina and James F. Cann of Domina Law Group to handle its
damages case after the company's 1200 cow dairy was ravaged by problems
related to allegedly defective milking equipment.
Settlement discussions and terms were confidential. Domina told the jury
in his opening presentation that economic evidence would prove damages
of nearly $4.4 million.
Halimage is owned by Dutch immigrants Geert and Haneke Sikkenga of Heartwell
NE, and Mr Sikkenga's parents, Harm & Liene Sikkenga who have
dairy farms in Manitoba Canada and in The Netherlands.
Domina offered no comment on the settlement. James Cann of Domina Law Group
noted: "When you are ready for trial and in the thick of battle,
settlement is always a bit of a let down for a trial lawyer" he said.
"But, our clients are well satisfied and for them, so are we."
Cann who was instrumental to the case, complimented Westfalia Surge's
counsel for their professionalism during the final preparatory days before trial.