A 2009 product liability suit involving a tractor's brake failure is set to go to trial Monday.

Plaintiff David Korte alleges he was injured when the brakes on his Kubota B2410 HSD failed in September 2006.

The trial is set to begin at 9 a.m. Feb. 1.

Madison County Circuit Judge Andy Mateosian is set to preside.

The defendants in the case, Bluff Equipment Inc. and Kobuta Tractor Corp., had asked that the suit be dismissed.

Mateosian denied the move.

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.

Korte claims he injured his head and shoulder. He claims he suffers disability in his right arm due to the injuries.

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.

His suit seeks damages in excess of $200,000 and costs.

Long-time Madison County defense attorney Gordon Broom represents Korte.

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.

Broom also represented the plaintiffs in a slip and fall suit against the owners of the Moto Mart convenience store chain last fall.

The defendants are represented by Douglas Nieder. Nieder and attorney Thomas Larson were substituted as defense counsel for John McMullin in September 2009.

The case is Madison case number 08-L-842.

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