Case details

Door on forklift would not have prevented accident: defense

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
crush injury, leg, lower left leg
FACTS
On Oct. 8, 2008, at approximately 7:15 a.m., plaintiff Leo Hawkins, 52, a forklift operator, was working at a United National Foods warehouse, in Moreno Valley. As he attempted to exit his moving forklift, his lower left leg became crushed between the forklift and a wall. Hawkins ultimately underwent a surgical amputation of his left leg. Hawkins sued the designer of the forklift, The Raymond Corp., and the maintainer of the forklift, Raymond Handling Solutions Inc. Hawkins alleged that Raymond Corp. defectively designed the forklift and failed to provide adequate warnings of the dangers of the design. He also claimed Raymond Handling Solutions failed to properly repair and/or maintain the forklift, creating a dangerous condition. Raymond Handling Solutions was ultimately let out on summary judgment. Thus, the matter proceeded to trial only on the strict products liability claims against Raymond Corp. Plaintiff’s counsel contended that the subject forklift, which was a stand-up counterbalance forklift, should have been designed with a latching door on the operator compartment and that had there been a latching door, Hawkins would have been more safely confined. Defense counsel argued that the subject forklift was properly designed with an open back on the operator compartment, which was the industry standard for a stand-up counterbalance forklift. Counsel contended that an open back design allows quick and easy egress in the event of an off-the-dock incident and that doors, with or without latches, are especially dangerous for forklifts in working environments, such as the one Hawkins worked in. Defense counsel further argued that Hawkins was at fault for deliberately attempting to exit the forklift before it made a complete stop, which Hawkins admitted to, and that a door, whether it latched or not, would not have prevented the subject accident. In addition, defense counsel moved for a directed verdict on Hawkins’ claim for failure to warn, and it was granted., Hawkins sustained a severe crush injury to his lower left leg. He was subsequently taken by ambulance to an emergency room. He ultimately required a below-the-knee amputation of his left leg. Hawkins then followed up with rehabilitation and was fitted for a prosthetic. Hawkins returned to work 17 months after the accident. He claimed he will require future prosthetics, as well as continuing medical consultations. Thus, Hawkins sought recovery of $57,000 in past lost earnings, $225,250.24 in past medical costs, and $433,534 in future medical costs for additional prosthetics and consultations. He also sought recovery of $2 million in damages for his past pain and suffering and $4 million in damages for future pain and suffering. Hawkins also made a claim for punitive damages, but Judge Daniel Ottolia granted defense counsel’s motion for nonsuit during trial. Defense counsel disputed the nature and extent of Hawkins’ alleged future medical costs, but otherwise did not present any evidence on damages.
COURT
Superior Court of Riverside County, Riverside, CA

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