Case details

Supplier not liable for fence design defect: defense claimed

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
arm, brain, concussion, emotional distress, fracture, head, hearing, humerus, loss of, mental, psychological, sensory, speech
FACTS
On Oct. 30, 2008, plaintiffs Samuel Shirk, 11, and his brother, Adam Shirk, 9, were at their Visalia home when the older brother attempted to close a manually operated iron gate after it had rolled over its track mounted gate stop. The 20-foot-long by 6-foot-tall gate then fell on top of Samuel as his younger brother stood nearby. Samuel claimed to his head and shoulder, and Adam claimed emotional . Jennifer Shirk, on behalf of her two sons, sued Rebel Fence Inc., a licensed fencing contractor which built and installed an ornamental iron fence and gate system at her home. She also sued Builders Fence Co. Inc., which supplied products to Rebel Fence. Samuel and Adam’s mother alleged the defendants negligently designed and installed the gate, as well as failed to provide proper warnings about the gate, constituting general negligence and products liability. Plaintiffs’ counsel contended that Builders Fence manufactures fences and gates, as well as entire fence and gate systems, which are available for purchase, including gate stops. Counsel also contended that Builders Fence supplies these products to licensed fencing contractors, including Rebel Fence. Counsel further contended that Jennifer Shirk contracted with Rebel Fence to build and install the fence and gate system, which included three 20-feet-long by 6-feet-tall rolling ornamental gates, and that Rebel Fence, in turn, ordered gate frames, fence panels, posts and tracks for the gates to roll on from Builders Fence. Thus, plaintiffs’ counsel argued that Builders Fence was liable under both general negligence and strict liability theories for the gate’s design defects. Counsel asserted that Builders Fence sold Rebel Fence a gate system and fence, but failed to include a gate stop in that system or, alternatively, at least provide an adequate warning to its customer that an adequate gate stop had to be properly installed on the system. Rebel Fence, which had no insurance, settled with plaintiffs prior to the trial. Counsel for Builders Fence argued that the accident was caused by Rebel Fence’s inadequately designed, manufactured and installed gate stop. Counsel further argued that the gate stop was a separate product from the component parts that Rebel Fence ordered from Builders Fence. Thus, Builders Fence’s counsel argued that the accident was caused by Rebel Fence’s negligence in its capacity as a licensed fencing contractor in that the gate stop that they manufactured, designed and installed in the gate system at the plaintiffs’ home was obviously inadequate. Counsel further argued that Rebel Fence was negligent in failing to test the system after it installed its inadequate gate stop., After the accident, Samuel suffered a left humeral shaft fracture, a concussion and temporary hearing loss. He was subsequently taken to Kaweah Delta Hospital, where he underwent an intramedullary nailing operation of his left arm and remained hospitalized for four days. Two months after the accident, Samuel returned to the hospital to undergo an operation to remove the pin and rod from his left humerus. He was also treated by an Ear, Nose and Throat specialist for his temporary hearing loss. Samuel claimed that he was left with some residual weakness in his left arm. Adam claimed that he sustained emotional distress as a result witnessing the ornamental iron gate fall on top of his brother. He claimed that on the same day after the incident, he had a fantasy that his brother’s arm was severed in the accident and that Samuel would chase him with the severed limb. As a result, he underwent a session with a psychotherapist. The boys’ mother asked the jury to award $300,000 in damages for the and trauma suffered by her sons.
COURT
Superior Court of Tulare County, Visalia, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case