A worker applying plaster to a building was dropped 30 feet, without warning, when the telescopic handler he was using started to shake and the chain extending the boom malfunctioned.
On February 9, in the Marshall Division of the Eastern District of Texas, John Henry and Vivian Jackson filed a suit against GEHL Company, PEER Chain Company and RSC Equipment Rental Inc.
The device was leased by RSC, the telescopic handler was manufactured by GEHL with a chain designed and manufactured by PEER.
He claims his injuries were caused by defective and unreasonably dangerous equipment and that the handler was improperly designed.
Amongst other things, the suit seeks damages for mental anguish, lost wages, physical pain, mental impairment and medical expenses.
The complaint alleges the defendants "failed to give adequate warnings of the product’s dangers that were known or by the application of reasonably developed human skill and foresight should have been known and/or failed to give adequate instructions and warnings to avoid such dangers."
Jackson alleges RSC, the rental company, is liable for failing to exercise ordinary care, improper and inadequate maintenance of the telescopic handler.