Case details
Defense: Injury not caused by design of stand-up forklift
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
below-the-knee, crush injury, foot amputation, foot foot, heel, leg, loss of consortium foot
FACTS
On Feb. 14, 2013, plaintiff Nathan Eisenbise, 34, a supervisor at a Costco store in La Mesa, was struck by a RC5500 Series Stand-up Forklift, which was operated by another Costco employee. Eisenbise sustained to his right foot. Eisenbise sued the forklift’s manufacturer, Crown Equipment Corp., the supplier of the forklift, Crown Lift Trucks. Plaintiff’s counsel contended that the RC5500 forklift has four wheels that are arranged like the wheels on a tricycle with two “drive” wheels located on opposite sides at one end of the forklift (next to the forks) and two tandem “steer” wheels attached to each other on a single steering unit located off-centered on the other end of the forklift. The RC5500 forklift weighs approximately 8500 pounds unloaded (and can carry approximately 3000 pounds), causing there to be approximately 4000 pounds of downward force on the steer wheels. Counsel also contended that the previous version of the forklift (the RC3000) had a skirt that wrapped all the way around the forklift, but that the RC5500’s skirt did not, as it had a half-moon shaped opening around the steer wheels that was approximately 11 inches tall by 11.5 inches wide. Plaintiff’s counsel argued that the RC5500 forklift’s design was defective, as its steer wheels were not guarded so as to prevent any pedestrian’s feet from coming into contact with them. Counsel also argued that additional guarding of the forklift’s steer tires was necessary, as the steer wheels rolled over Eisenbise’s right foot and crushed it. Defense counsel argued that the forklift’s design was not defective and that the design of the steer tires did not cause Eisenbise’s . Counsel contended that the RC5500 forklift’s design was state of the art. The defense’s experts’ opined that the design of the lift truck was not defective and was not a legal cause of the accident. Instead, the experts further opined that the accident happened because the lift truck driver and Eisenbise were not paying proper attention to each other., Eisenbise sustained crush to his right foot, causing his toes to be dislocated and crushed, and the tissues to be damaged. He was subsequently taken to Sharp Memorial Hospital, in San Diego, where he underwent multiple surgeries. However, Eisenbise continued to suffer from chronic pain and constant sores on his right foot. Thus, 11 months after the accident, he underwent a below-the-knee amputation of his right leg as a result of wound complications and inadequate healing. Eisenbise now has a prosthetic leg, and he has returned to work at Costco as a manager. However, he claimed that he continues to suffer from residual hip and back pain. Eisenbise sought recovery of past and future medical costs, and damages for his past and future pain and suffering. His wife, Jennifer Eisenbise, sought recovery for her loss of consortium. During closing arguments, plaintiffs’ counsel asked the jury to award the Eisenbises approximately $6.5 million in total compensatory damages.
COURT
United States District Court, Southern District, San Diego, CA
Similar Cases
Negligent tire repair caused serious rollover crash: family
AMOUNT:
$375,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Steep, winding road caused multiple truck crashes: plaintiffs
AMOUNT:
$32,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Dangerous highway caused fatal multiple vehicle crash: suit
AMOUNT:
$18,681,052
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Roofer claimed he needs future care after fall from roof
AMOUNT:
$6,000,000
CASE RESULT:
Plaintiff won
INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
- nose
- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
- Show More
- Show Less
CATEGORY:
Personal Injury
Applicant claimed future care needed after fall from roof
AMOUNT:
$3,500,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury
Plaintiff: Improperly trained delivery personnel caused injuries
AMOUNT:
$4,875,000
CASE RESULT:
Plaintiff won
CATEGORY:
Personal Injury