 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Boyd v. S.E. Johnson Co.9/10/2001
CHARACTER OF PROCEEDINGS: Civil Appeal from Common Pleas Court
JUDGMENT: Judgment Affirmed
The plaintiff-appellant, Terry L. Boyd, administrator of the estate of Christina Marie Boyd, appeals the decision of the Paulding County Court of Common Pleas granting summary judgment in favor of the defendants-appellees S.E. Johnson Company, Compaction America, and The McLean Company. The facts and procedural history of the case follow.
On September 12, 1997, Christina Boyd was the victim of an on-the- job accident after being crushed to death by an asphalt roller. At the time of the accident, Christina was employed by S.E. Johnson Company as a roller operator. S.E. Johnson is engaged in the business of road and highway construction and paving. The roller, a Hypac Compactor Model C340C-C350D, was designed to compact asphalt or similar materials on smooth, flat, level surfaces such as roads and highways.
The accident occurred while Christina was moving the roller to a storage area, which was located approximately three and one-half miles from the job site. The roller had to be driven from the job site, located on County Road, to the storage site, located on Township Road 24. Shortly before the accident, Christina's supervisor, Scott Woodard, observed Christina maneuvering the roller along Township Road 24 toward the storage area. According to Woodard, Christina was approaching the three mile mark the last time he saw her alive. Shortly thereafter, the roller was discovered in a ditch alongside the right-hand side of Township Road 24. Christina was killed when the roller overturned and landed on her.
The roller was manufactured and designed by Compaction America. The roller was delivered to a distributor, The McLean Company. In May 1995, the roller was delivered to S.E. Johnson. At the time of the manufacture of the roller, a rollover protection system came as standard equipment, subject to a delete order by the purchaser. S.E. Johnson placed a delete order with The McLean Company, and the price of the roller was reduced accordingly.
A rollover protection system is a safety device consisting of a canopy-like roof structure. The rollover protection system is designed to support the weight of the roller and to keep the operator within the protective canopy in the event of a rollover. Generally, a rollover protection system is effective only when it is used in conjunction with a safety belt.
On September 10, 1998, Terry L. Boyd, administrator of the estate of Christina M. Boyd, filed a wrongful death action in the Paulding County Court of Common Pleas. The complaint alleged that three different defendants were liable for Christina's death. Specifically, Boyd filed suit against the manufacturer of the roller, Compaction America, and the distributor of the roller, The McLean Company, alleging defective design. The complaint alleged that Compaction America had failed to equip the roller with a rollover protection system and did not have safety equipment to keep the driver in the seat when it was manufactured. The complaint further alleged that The McLean Company had sold the roller with knowledge of this defective design. The complaint also set forth a claim against Christina's employer, S.E. Johnson, for intentional tort. The intentional tort claim alleged that S.E. Johnson had required Christina to operate the roller without a rollover protection system and safety belt, a dangerous process or instrumentality, and had knowledge that the dangerous process or instrumentality existed.
The appellees S.E. Johnson, Compaction America, and The McLean Company collectively filed motions for summary judgment. By judgment entry
Page 1 2 3 4 5 6 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|