Warner v. CAM Superline

$900,000 Settlement

Date of Settlement: Jan. 14.

Court and Case No.: C.P. Lancaster No. CI-18-02905.

Judge: Herman A. Gailey III.

Type of Action: Products liability.

Injuries: Ankle fracture.

Plaintiffs Counsel: Richard M. Jurewicz, Galfand Berger, Lancaster.

Plaintiffs Experts: John S. Risser; economics; Elizabethtown; Thomas J. Cocchiola, mechanical, Caldwell, New Jersey; Michael C. Aynardi, orthopedic surgery, Hershey.

Defense Counsel: Patrick J. Moran, William J. Ferren & Associates, Blue Bell; Judith H. Ring, Marshall Dennehey Warner Coleman & Goggin, Philadelphia.

Defense Expert: Brian E. Beatty, mechanical, Ambler.

Comment:

On Feb. 7, 2017, plaintiff Matthew Warner, 37, a line foreman, was struck in the left leg by a steel trailer's ramp, which weighed several hundred pounds, while working in Lancaster. Warner suffered an injury of an ankle.

Warner sued the manufacturer of the deck-over trailer, CAM Superline Inc. He also sued a distributor of the flatbed ramp, Groff Tractor & Equipment. Warner alleged that the trailer was designed defectively.

The CAM trailer was equipped with a valve that allowed pressurized air to be released. This would slowly pivot and lower the ramps to the ground. To raise the ramps, activation of the valve would pressurize air to inflate the bladders, to allow the ramps to slowly pivot toward the raised, stowed position.

At the time of Warner's accident, Warner's co-worker removed the safety bars that secured the ramps in the upright position. Warner was walking past the back of the trailer to meet his supervisor. One of the ramps free fell and struck Warner's left leg and ankle.

After the accident, Warner's co-worker loaded construction equipment onto the CAM trailer for his job assignment. Warner claimed that there were no problems with raising or lowering of the ramps or free falling of the ramps later that day. Warner's employer tested and operated the trailer ramps later that day, and the ramps worked properly. According to Warner's counsel, the record evidence was unclear as to whether the dump truck to which the trailer was attached was running at the time Warner's co-worker attempted to lower the ramps. If it wasn't, and the trailer air bladders had not been properly inflated, that would have explained why the ramp was able to free fall.

In a report, Warner's expert in mechanical engineering opined that CAM's heavy-duty deck-over trailer was designed defectively and was unsafe for its intended uses, as it was not equipped with a dampening cylinder that would control against free falling of the trailer ramps in the event that pneumatic pressure was lost or low. Had the deck-over flatbed trailer been equipped with a dampening cylinder, then when the storage safety bars were disconnected from the ramps, they would have been incapable of free falling in the event that the pneumatic system was not pressurized properly, the expert stated.

CAM's counsel contended that when the flatbed trailer is used in accordance with the owner's manual and operating instructions, the equipment is safe for its intended uses. Because CAM does not know the identity of the end users of its equipment, since all its products are sold through dealers, it is the responsibility of dealers, such as Groff, to review the equipment's operator's manual and instructional information with the purchaser, and answer any questions the purchaser may have about how the equipment is to be used properly, CAM's counsel maintained.

Groff's counsel maintained that Warner's employer insisted on picking up the equipment rather than allowing it to be delivered; because of this, it was Warner's employer's responsibility to train its employees with the safety information in the owner's and instruction manual.

Groff's expert in mechanical engineering opined, in a report, that Warner's employer failed to do reasonable inspections and maintenance of the incident trailer, and stated that had it done the inspections, it would have discovered that the air hose threaded fittings had become loose, allowing reserved compressed air to leak from the pneumatic system.

Groff's counsel asserted that it was not provided with a retrofit-dampening cylinder kit that CAM had designed prior to Warner's accident.

Warner was taken by ambulance to a hospital and was admitted. He was diagnosed with a left medial malleolus fracture and a sheath tear of the left posterior tibial tendon. Warner underwent open reduction and internal fixation of the fracture. He was discharged the next day.

In the ensuing weeks, Warner remained nonweight-bearing and consulted with his surgeon. He began a course of physical therapy, which he followed for seven months. On Oct. 16, 2017, eight months after the accident, Warner underwent an arthroscopy to remove the hardware, and on Sept. 13, 2018, Warner underwent surgery to repair his posterior tibial tendon tear. After the surgery, Warner followed up with the surgeon on an outpatient basis.

In a report, Warner's orthopedic surgeon causally related Warner's injuries and treatment to the accident, and opined that Warner is expected to make a full recovery and return to his prior job by March 2020.

Warner claimed that he required a walking boot and a knee scooter following the first surgery, as he was unable to bear weight for two months. He was later fitted with an orthotic to alleviate pressure from his left heel. Warner sought damages for past and future pain and suffering.

The defense maintained that, per his own physicians' opinions, Warner is expected to make a full recovery from his injuries.

The parties negotiated a pretrial settlement, for an amount of $900,000. CAM's insurer agreed to pay an amount greater than 50% of the $900,000 amount, with Groff's insurer agreeing to pay the remainder.

This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication