Products Liability Law Reporter

Osvaldo Rivera, 43, worked as a line supervisor at the truck assembler Westport Axle Corp. While using a driveshaft manipulator to install a driveshaft into a truck chassis, he depressed the machine’s outer arm in an attempt to adjust it. The arm collapsed, pinching his right thumb and hand. He was diagnosed as having a crush injury to his right hand and a ligament tear to his thumb, among other injuries. He underwent several surgeries and extensive occupational therapy and has been diagnosed as having post-traumatic arthritis in his right thumb. He is unable to return to his previous position due to his hand limitations. His past medical expenses totaled over $38,300, and his lost earnings were more than $140,600.

Rivera and his wife sued ROI Industries Group, Inc., which designed the driveshaft manipulator, alleging design defect, failure to warn, and breach of warranty. The plaintiffs asserted that the machine was defective because it allowed sticking and sudden release of sliding parts, creating a pinch point. Suit also alleged that the defendant should have placed a warning on the manipulator regarding its pinch points.

The defense argued that the pinch points did not render the machine defective and that Rivera had failed to wear protective equipment.

The parties settled during trial for $975,000.

Citation: Rivera v. Westport Axle Corp., No. 1510-2422 (Pa. Ct. Com. Pl. Phila. Cnty. Apr. 4, 2018).

Plaintiff counsel: AAJ members Kenneth F. Fulginiti and Lauren C. Fantini, both of Philadelphia.

Plaintiff experts: B.A. McGettigan, life care planning, Downingtown, Pa.; Mark Rekant, hand surgery, Cherry Hill, N.J.; David Hopkins, economics, King of Prussia, Pa.; Irene Mendelsohn, vocational rehabilitation, Penn Valley, Pa.; Scott Jaeger, orthopedic surgery, Philadelphia; and Jeffrey Ketchman, mechanical engineering, Westport, Conn.

Defense experts: Jaimo Ahn, orthopedic surgery, Philadelphia; Jason Mattice, mechanical engineering, Columbus, Ohio; and William Daley, mechanical engineering, Annapolis, Md.