 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Cole v. Lantis Corp.6/28/1999
FOR PUBLICATION
OPINION - FOR PUBLICATION
BAILEY, Judge
Case Summary
Appellant-Plaintiff Sean Cole ("Cole") appeals the summary judgment entered against him in his products liability/negligence lawsuit against Appellee-Defendant Lantis Corporation ("Lantis"), the manufacturer of a "K-Loader" from which Cole fell. We reverse.
Issues
Cole raises three issues which we restate and consolidate into two as follows:
"I. Whether a genuine issue of material fact exists regarding whether Lantis' K-Loader was defective and unreasonably dangerous; "or stated alternatively: "whether Cole's claim is barred by application of the open and obvious rule. "II. Whether Cole's claim is barred by the affirmative defense of incurred risk."
Facts
The facts in the light most favorable to the non-movant Cole reveal that his employment duties included loading large cargo containers onto aircrafts. (R. 217-18). In order to access the cargo bays of aircrafts, Cole was required to work upon a "K-Loader," an elevated platform which stood several feet off the ground. (R. 236). When positioned for loading, there was a gap of approximately eighteen inches between the edge of the K-Loader's platform and the edge of an aircraft's cargo bay. (R. 206-07). A gap of some width was necessary because K-Loaders cannot come into contact with an aircraft's fuselage because of the possibility of damage. (R. 201, 306). Cole slipped through the gap between a K-Loader and an aircraft, fell approximately fifteen feet, landed on his head, and suffered serious personal injuries. (R. 236, 359-60). Lantis manufactured the particular K-Loader from which Cole fell. (R. 9-10).
Cole presented the affidavit of an engineer recognized as an expert on the safety design of industrial machinery. (R. 465-66). Cole's engineer opined that the Lantis K-Loader from which Cole fell was negligently designed and unreasonably dangerous due to several defects including 1) that the gap was too wide, 2) that the handrail was inadequate, 3) that there was insufficient work space on the platform, 4) that the instructions in the operating manual were inadequate, and 5) that there was no warning regarding the requirement that a bumper be near the aircraft to provide adequate protection against falling. (R. 421, 464-68).
When Cole had worked for a previous employer, he had used other Lantis K-Loaders which utilized wider platforms and different guard rails than the one from which Cole fell. (R. 237). Cole stated that the other K-Loaders had "rails and platforms to stand and/or grab along the left and the right side from front to back of the bridge." (R. 237). Cole stated further that the K-Loader from which he fell was not as safe as the other K-Loaders because "there wasn't much of a rail or a platform to stand onto." (R. 237).
Cole had observed the gap and had appreciated the danger posed thereby from his first day on the job with the employer in question. (R. 238-39). Cole expressed his concerns regarding the danger posed by the K-Loader to his supervisors, but no action was taken to alleviate the danger. (R. 238-39). Before the fall, Cole had worked on this type of K-Loader for more than a year without incident. (R. 238). With respect to the danger posed by the gap, Cole explained that " here wasn't . . . much we could do I guess . . . I had to work." (R. 239).
Lantis obtained summary judgment. This appeal ensued.
Discussion and Decision
Lantis points out that Cole was fully aware of the dangers posed by the gap between the K-Loader and the aircrafts being loaded. Thus, Lantis argu
Page 1 2 3 4 5 6 7 Indiana Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|