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"                      <p class=\"imgtitle\">Broom</p>                                <p class=\"imgtitle\">Matoesian</p>           A 2009 product liability suit involving a tractor's brake failure is set to go to trial Monday.<br /><br />Plaintiff David Korte alleges he was injured when the brakes on his Kubota B2410 HSD failed in September 2006.<br /><br />The trial is set to begin at 9 a.m. Feb. 1.<br /><br />Madison County Circuit Judge Andy Mateosian is set to preside.<br /><br />The defendants in the case, Bluff Equipment Inc. and Kobuta Tractor Corp., had asked that the suit be dismissed. <br /><br />Mateosian denied the move.<br /><br />According to his suit, when Korte tried to brake while driving the tractor on his property, the brakes failed and the tractor \"lurched forward\" into a ditch.<br /><br />Korte claims he injured his head and shoulder. He claims he suffers disability in his right arm due to the injuries.<br /><br />The plaintiff contends that the tractor was in dangerous condition when he bought it, that its brake and throttle are designed and placed in such a way as to make it likely that both would be pressed at the same time and that if that happened, the throttle would engage and not the brake as desired.<br /><br />His suit seeks damages in excess of $200,000 and costs.<br /><br />Long-time Madison County defense attorney Gordon Broom represents Korte. <br /><br />Barring a settlement prior to Monday's trial, it will be the second time in less than a year that Broom has been at the plaintiff's table in a Madison County courtroom.<br /><br />Broom also represented the plaintiffs in a slip and fall suit against the owners of the Moto Mart convenience store chain last fall.<br /><br />The defendants are represented by Douglas Nieder. Nieder and attorney Thomas Larson were substituted as defense counsel for John McMullin in September 2009.<br /><br /><i>The case is Madison case number 08-L-842. </i>"^^<http://www.w3.org/2001/XMLSchema#string>
<http://madisonrecord.com/stories/510568276-kubota-tractor-trial-set-to-open-monday-in-madison-county>