Editor’s note: The authors’ firm handled the wrongful death case mentioned in this article.

Recently, our firm tried a wrongful death case against Caterpillar Inc. in Allegheny County regarding the death of a 28-year-old mining mechanic while performing inspection/maintenance procedures on a giant Caterpillar rock truck. Our case proceeded on the risk-utility theory, announced in Tincher v. Omega Flex, 104 A.3d 328, 389 (Pa. 2014). Specifically, it was our contention that the risk of death or serious injury far outweighed the utility of the design of the pressurized front cylinder/strut of the truck.

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