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Griffin v. Spacemaker Group Inc.6/6/1997
FROM THE CIRCUIT COURT OF THE CITY OF RICHMOND
Theodore J. Markow, Judge
This is an appeal in an action asserting negligent servicing and reconditioning of an industrial lift truck resulting in personal injury to the plaintiff. We consider whether the trial court properly excluded certain expert testimony offered by the plaintiff.
Background
When summary judgment is based upon the granting of a motion to strike a party's evidence, we view the evidence and the inferences reasonably raised thereby in the light most favorable to the party whose evidence has been stricken. See Meador v. Lawson, 214 Va. 759, 761, 204 S.E.2d 285, 287 (1974).
This case involves a Clarklift three-wheel TW-25 lift truck (forklift). Three of the operational and safety features of that model forklift are relevant to the issue we address here. Although the record contains extensive technical descriptions of these features, for our purposes the essential details can be summarized as follows: The TW-25 forklift's two drive wheels are operated by an electric motor. The forklift's accelerator assembly consists of a pedal and mechanical shaft. When the pedal is depressed, the shaft activates a switch which sends electric current from the batteries to the motor. The shaft of the accelerator assembly shares its housing with two hydraulic hoses which are part of the forklift's cargo handler control system. These hoses can make periodic contact with the accelerator assembly and may become abraded as a result. It is not disputed in this case that the accident occurred because one of these hoses made contact with the accelerator assembly and caused it to stick in the depressed or "on" position.
The forklift's primary braking system is operated by depressing either of two brake pedals which rotate a shaft with two arms. One arm activates a brake drum rod, causing friction brakes to be applied to the drive wheels; the shaft's other arm activates an electrical cut-off switch which interrupts the flow of electricity to the motor.
Under the operator's seat of the forklift is a "deadman's switch" which serves as a redundant emergency braking system. Sufficient weight must be placed on the operator's seat to cause a connection in the switch which allows electricity to flow to the motor. If the weight is removed, spring tension causes the seat to rise, breaking the connection in the switch and interrupting the flow of electricity to the motor. Removing the weight on the seat also causes a mechanical parking brake to be applied.
In late 1992, Stanley Hardware Division (Stanley), part of a multi-state corporation with a manufacturing and warehouse facility in the City of Richmond, acquired five TW-25 forklifts as part of the purchase of another company. The forklifts had been in service for over twenty years at the time they were acquired. Stanley determined that the forklifts required servicing and reconditioning prior to being added to the fleet of seven other forklifts already in use in its Richmond facility. Stanley contracted with The SpaceMaker Group, Inc., trading as Richmond Clarklift Co. (Clarklift), to bring the forklifts "to a level of dependability" including the replacement of all parts as necessary.
The forklifts were in Clarklift's possession for four and a half weeks during which time they were serviced by different employees. Jerald LaMaskin, owner of Clarklift, testified that the reconditioning of a forklift would include examining the safety features of the accelerator and brake assemblies and the deadman's switch, and repairing or replacing any defective parts which were discovered.
Clarklift returned the for
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