OXFORD, Miss. (Legal Newsline) - Plaintiff lawyers who claim a forklift leaves operators vulnerable to left leg injuries, due to the absence of a door on that side, will be able to use the testimony of three experts but not seek punitive damages in a Mississippi lawsuit.
Federal judge Sharion Aycock, of Oxford, on Jan. 18 OK'd experts proposed by attorneys at Merkel & Cocke and Warshauer Law Group who hope to prove Raymond Corporation's stand-in forklift has a dangerous design. They will also testify a safer alternative design is feasible.
Plaintiff Rodney Jones' lawsuit is one of many around the country alleging the forklift is unsafe. Judge Aycock says Raymond can challenge the experts on the stand and also gave the green light to two of the company's experts.
Jones' lawsuit says his forklift crashed, causing his left foot to leave the opening on the left foot of the driver's cab and become "crushed."
Defendants have attacked the opinions of plaintiff expert Dr. John Meyer, calling them litigation-driven and submitted only to meet the needs of plaintiff lawyers. Raymond says Meyer has no relevant experience or education regarding its Model 4250.
"(A)lthough Meyer may not have specifically specialized in stand-up lift trucks, he has experience in engineering design, product design, accident investigation and accident reconstruction," Aycock wrote.
"The Court rejects Raymond's argument that Meyer is not qualified. Raymond's concerns as to any of Meyer's perceived deficiencies may be address at trial through cross-examination, but they do not constitute appropriate reasons to altogether exclude Meyer's testimony."
Meyer will testify the lift truck should have had a left-side door and a brake pedal under each foot. He'll also say there should be an operating presence sensing switch in the backrest and a multifunction control handle should have been designed not to accelerate when it is pulled in an emergency situation.
Plaintiffs lawyers will say Raymond sells a door designed to fit the opening in the 4250 forklift and had it been installed, Jones would not have been injured.
However, Aycock granted Raymond's motion for summary judgment on the issue of punitive damages, finding the plaintiffs haven't introduced evidence of intentional misconduct or wanton disregard for consumers.
The case previously had a Nov. 7, 2022, trial date, which has been postponed.