Notable Results HB

Pryce Tucker and Nolan McCarthy Secure Summary Judgment in Products Liability Suit

Hartline Barger attorneys Pryce Tucker and Nolan McCarthy achieved a significant victory in a products liability case in the United States District Court for the Southern District of Texas. The plaintiff sustained injuries while operating a sit-down counterbalance forklift that our client designed and manufactured. The plaintiff was driving in reverse with his right (dominant) gripping the right rear support leg for the overhead guard. He struck an elevated piece of plywood, resulting in severe injuries to several fingers, including amputation. In his lawsuit, the plaintiff claimed the forklift was defective because it lacked as standard equipment an available optional rear grab handle.

Tucker and McCarthy filed a motion to exclude Plaintiff's design expert on the ground that his opinions were unreliable. They also moved for summary judgment on the ground that plaintiff failed to prove a product defect. The United States magistrate judge submitted a memorandum and recommendation for the district court to grant both motions.

After the plaintiff filed objections, the district court issued an order adopting the memorandum and recommendation in full, granting summary judgment in favor of our client.

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