Albarracin v. Crown Equipment Corporation
Plaintiff crushed his right hand while attempting to remove a safety shield from the mast of a forklift and claimed that Crown should have replaced the shield prior to the accident. While lowering the fork of a Crown 30RDTT forklift, the mast became stuck on a broken safety shield. The plaintiff's hand was caught on the shield and severed. Pursuant to a service contract with the owner of the forklift, Crown's agent had inspected the forklift and recorded the broken shield on the maintenance checklist. However, neither Crown nor the owner repaired the broken shield or removed the forklift from service. The plaintiff alleged negligence in the failure of Crown and the forklift’s owner to repair the machine prior to the accident. At trial Crown contended that the owner, not Crown, was responsible for repairing the machine or removing it from service. The jury issued a verdict for the plaintiff in the amount of $1.3 million. - Appeal pending
