Insights
Post & Schell Secures Significantly Reduced Verdict for Client in Products Liability Case in Philadelphia County Court of Common Pleas
Post & Schell recently secured a significantly reduced verdict for a commercial distributor of windows and doors in a case alleging liability associated with the catastrophic failure of a liftgate on a delivery truck. Plaintiff’s pre-trial demand against the distributor was $5 million. Three co-Defendants who manufactured and installed the liftgate on the distributor’s truck settled before the trial commenced.
Plaintiff proceeded to trial and alleged that the New Jersey-based distributor was liable for significant injuries sustained because of the liftgate collapse, which caused 1,500 lbs. of the truck’s cargo to fall and strike the Plaintiff, rendering him unconscious. As a result, the Plaintiff sustained significant head, neck, and back injuries, which his neurological expert opined required multiple spinal surgeries. The Plaintiff’s vocational/economic expert concluded that the Plaintiff, a union carpenter who would be incapable of returning to his prior job, would lose $2M – $3M in wages and benefits because of the accident. Plaintiff alleged that Post & Schell’s client “knew or should have known of problems with subject liftgate” and that “the incident and resulting injuries were caused by the negligence” of Post & Schell’s client.
The defense team of Post & Schell Principals Marc H. Perry and Joel H. Feigenbaum were able to prove that the client was not advised of any potential safety issues with the liftgate before its failure. The defense team used e-mail communications between the co-Defendants to illustrate that the client company was unaware of any issues.
As a result, on October 31, 2022, Post & Schell’s client was found to be only 2.5% liable for the Plaintiff’s injuries. The total verdict for the Plaintiff was $200,000, with Post & Schell’s client responsible for only $5,000.