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QUESTION:20-year old U.S.Marine loses his leg from a 6,000 pound forklift tipping over
while turning (flat surface,no load & forks raised only enough to safely
clear the ground, normal speed). Though trained to operate many types of
forklifts of all types and sizes, had not received specific training on this
particular forklift. Forklift was without seatbelt and the only forklift
available that day. Plaintiff contends that the forklift was defectively
designed and is suing the forklift manufacturer. Defendants contend that it
was driver error. YOU BE THE JUDGE! Need to know what information you would
consider important and how you would go about determing a reasonable value.
This is an actual case and the information obtained will be distributed to
the real people involved
ANSWER: Forklift manufacturers are common targets of product liability claims. But
in this instance, the lack of training issue might suggest another potential
defendant, or empty chair, at trial....his employer. It would appear that
the lawyers chose to sue the manufacturer rather than the military to
either:
1) avoid liability caps
2) get to a deep pocket
3) or avoid federal immunity
In any event, at trial you can surely expect the manufacturer of the
forklift to point the finger at the people who put the plaintiff behind the
wheel of the forklift. You can also expect them to point the finger at the
plaintiff himself for getting behind the wheel of a forklift he was not
trained to operate.
As for determining value, that is such a subjective thing to ask on a
website. The best way to try to predict a value is to go get the local
trial reports for the part of the country you are in and look for similar
cases with verdicts and settlements. Almost every metropolitan area has a
"blue sheet" or similar trial report in which personal injury trials are
reported.
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