Products Liability Law Reporter

While working for a moving company, Rodney Elam was using a truck leased to his employer by Penske Corp. and its subsidiaries. A hydraulic liftgate used to move equipment at elevated heights was attached to the truck. Elam was standing on the lift attempting to move voting machines from the truck when the lift dropped suddenly, causing him to fall six feet to the bottom of the loading dock. He suffered serious injuries that necessitated multiple surgeries, including a shoulder replacement. He has been unable to work since the incident.

Elam sued Penske Corp. and its subsidiaries, alleging, among other things, that the liftgate was defective in that it had been repaired improperly by an inadequately trained Penske employee.

The jury awarded $917,000, including $250,000 for lost earnings and $67,000 for medical expenses.

Citation: Elam v. Penske Corp., No. 14-16269 (N.Y. Sup. Ct. Suffolk Cnty. Jan. 23, 2019).

Plaintiff counsel: AAJ member Clifford S. Argintar, Uniondale, N.Y.; and Sharon Silver, Islandia, N.Y.

Defense expert: Roger Topping, engineering and failure analysis, Englewood, N.J.