Attorney obtained a defense verdict in a jury trial in a fork lift accident case
Attorney obtained a defense verdict in a jury trial in a fork lift accident case. The plaintiff, a 25 year old temporary worker, was using a high/low fork lift to move a pallet of products from the upper level of a shelf rack system to the floor level of the rack system in a warehouse. The plaintiff alleged that defendant, a fork lift repair company, negligently maintained the brakes on this lift truck. The jury found that defendant was not negligent in this case. Defense attorney had provided evidence that there had been no prior complaints of any braking problems on this fork lift prior to the plaintiff's accident and the plaintiff had used the fork lift on several occasions before the accident and noticed no problems with the brakes. Additionally, the brakes were tested in accordance with the proper brake testing procedure established by the manufacturer, approximately four days after the accident, and the test showed the brakes were in proper working condition.