DOG BITE. $______ RECOVERY

Pages12-13
REFERENCE
The Estate of Daniel Yates by Rachel Yates vs. Joseph
Bednarek MD, Joseph Bednarek MD PC and Lower
Bucks Hospital. Case no. 2014-02789; Judge Jeffrey
L. Finley, 11-20-15.
Attorney for plaintiff: Anthony Baratta of Baratta,
Russell & Baratta in Huntingdon Valley, PA. Attorney
for defendant: Richard Stephen Margulies in
Philadelphia, PA.
PRODUCT LIABILITY
Manufacturing Defect
DEFENDANT’S VERDICT
Product Liability – Manufacturing defect –
Defendant’s step ladder buckles under normal
use and causes plaintiff to be thrown to ground
below – Failure to perform analysis to ensure that
ladder was structurally safe and safe – Selling
defective ladder – Fibula fracture.
Allegheny County, PA
The plaintiff, in this product’s liability action,
maintained that he suffered serious and
permanent injury to his lower extremity when a
ladder he was using manufactured by the
defendant company and sold by the defendant
retail establishment buckled under normal use
and collapsed, throwing the plaintiff to the
concrete floor. The defendants denied all
allegations of negligence and maintained that the
plaintiff simply lost his balance on the ladder,
causing the ladder to fall to one side as the
plaintiff fell to the other side.
On November 3, 2012, the male plaintiff was working
on a drywall project in his garage, using a ladder that
he had bought in 2008 from the defendant home
improvement store that was manufactured by the
defendant, Tricam. While the plaintiff was on the
fourth rung of the ladder, he felt a jolt and the ladder
slumped and folded inward on the side the plaintiff
was climbing. This caused the plaintiff to be thrown
from the ladder to the concrete ground below. The
plaintiff alleged that the defendant manufacturer
was negligent in failing to properly design, manufac-
ture, construct and assemble the ladder, failing to
perform structural analysis to determine load
amounts and stress failures, producing the ladder in a
defective condition and improperly fabricating and
assembling the ladder.
In addition, the plaintiff maintained that the defen-
dant retail store was negligent in failing to properly in-
spect the ladder before selling it, failing to sell a
ladder that was safe for its intended use, failing to
warn that the ladder was unsafe and selling a ladder
that could not bear loads corresponding to its duty
rating.
The defendants denied all allegations of negligence
and maintained that the plaintiff lost his balance,
causing him to fall to the right side while the ladder
fell to the left. The damage to the ladder was caused
by the plaintiff crashing into the ladder as he landed,
the damage did not occur before the fall.
The jury was asked if the ladder was defective and
the jury answered no.
REFERENCE
Robert and Sherine Raymond vs. Tricam Industries
Inc. and Home Depot U.S.A. Inc. Case no. GD-13-
011842; Judge Paul F. Lutty.
Attorney for plaintiff: Alan Perer in Pittsburgh, PA.
Attorney for defendant: Anthony Rash of Dickie,
McCamey & Chilcote in Pittsburgh, PA.
DOG BITE
$25,000 RECOVERY
Dog Bite – Minor plaintiff playing with defendant’s
dog when it bites minor on face – Failure to
properly control dog – Lacerations to the eyelid,
right cheek and shin.
Luzerne County, PA
The minor plaintiff was a guest of the defendants’
when she was playing with the defendant’s Irish
sheepdog. While playing, the dog suddenly
became aggressive and lashed out at the minor,
biting and scratching the minor in the face and
leg. The defendants denied all allegations of
negligence and injury, but amicably agreed to
settle the case.
12 VERDICTS BY CATEGORY
Volume 34, Issue 2, January 2016 Subscribe Now

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT