Attorney obtained a defense verdict following a three day trial
Attorney obtained a defense verdict following a three day trial . The plaintiff was the owner of a local auto center. Our client was a national residential and commercial tree landscaping company. When one of the landscaping company's bucket trucks had a hydraulic leak, the local tree company foreman brought the truck into the plaintiff's auto center for repair. Plaintiff was not an experienced hydraulic mechanic, however he offered to do the repair if the foreman would operate the truck so that the truck's boom would be lifted off of its resting saddle and the bucket could be tilted away from the boom so that the location of the hydraulic line leak could be identified and subsequently repaired. The foreman lifted the boom up about a foot and then released a safety pin between the bucket and the boom which allowed the bucket to tilt away from the boom and which allowed for the repairs to be conducted. However, neither the foreman nor the mechanic performing the repairs knew the proper method of supporting the boom which remained suspended in the air through hydraulic pressure. The day after the boom was lifted, the plaintiff was performing repairs when the boom dropped causing the bucket to close and crush the plaintiff's left arm, which was between the boom and the bucket. The plaintiff had three surgeries, the first to reduce the open fracture of the left arm; the second to resect approximately one-third of the ulna after the plaintiff developed MRSA in the arm; and a third to treat ulna nerve pain. Our position at trial was that the mechanic, who was charging its customer, our client to perform the repairs, held himself out as a professional capable of performing the repair and was therefore owed no duty by our client. The jury was out for 37 minutes before coming back with a "no negligence" verdict.