WARNER FRUEHAUF TRAILER COMPANY, INC. V. BOSTON
654 A.2d 1272 (1995)
NATURE OF THE CASE: At the second trial, Warner (D) appealed a jury award of damages to
Boston (P) in P's action for strict liability in tort based on the defective design of a
piece of equipment.
FACTS: P, a supervising mechanic for PEPCO, was injured on the job due to the malfunction
of a liftgate attached to the back of a PEPCO truck. After they had used the liftgate to
remove some heavy objects from the truck, and P's crew member had returned the liftgate
platform to, or at least near, the vertical 'closed' position at the back of the truck, P
approached the liftgate to attach the safety chains. The liftgate suddenly malfunctioned,
and the 1050-pound metal platform fell free, striking P and injuring his hip. By expert
testimony P established that the one-cylinder hydraulically-controlled liftgate was
defectively designed and unreasonably dangerous in that it had no backup system to prevent a
free-fall of the heavy tailgate in the event of a mechanical failure. The second trial held
before a jury of six, and Judge Shuker concluded that, as a matter of law, the liftgate was
defectively designed and unreasonably dangerous and that no reasonable juror could find that
P had assumed the risk of being injured by it. He therefore directed a verdict in favor of
Ps as to liability. The jury awarded a total of $550,000.00. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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