Products Liability Law Reporter
Transportation
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Defective design of trash truck
October/November 2024Mechanic Kenneth Berry, 45, was attempting to repair a hydraulic leak in a trash truck’s hopper. He was crushed to death after getting pinned in the hopper. He is survived by his wife and two minor children.
Berry’s estate sued Granturk Equipment Co., Inc., the truck’s distributor, and Labrie Environmental Group, alleging claims for wrongful death and survival. The plaintiff asserted that the fatal incident resulted from the trash truck’s defective and unreasonably dangerous design, which required operators to always check that all levers were in neutral and to press the power take-off switch to the off position before turning off the truck.
The defense asserted that Berry had misused the trash truck and that his employer had failed to implement proper safety standards and procedures.
The parties settled for $5.2 million.
Citation: Berry v. Granturk Equip. Co., Inc., No. 2021-14643 (Pa. Ct. Com. Pl. Montgomery Cnty. May 3, 2024).
Plaintiff counsel: AAJ members Fredric S. Eisenberg and Todd A. Schoenhaus, both of Philadelphia.
