Contributor articles do not necessarily reflect the policy or opinions of this publication. All editorial material, photographs, drawings, letters, and other material will be treated as unconditionally assigned for publication and copyright purposes and are subject to Construction Equipment Guide’s unrestricted right to edit and comment editorially. All rights reserved, nothing may be reprinted or reproduced (including framing) in whole or part without written permission from the publisher. Dartmouth, NS B3B 1R6Telephone: (902) 469-6721 Toll Free:1-88 Fax: (902) 464-3874WEEKDAYS: 7:30 am - 4:30 pm Liftow Dartmouth: New & Used Forklifts, Lift Truck Rentals, Forklift Parts, Service and Safety Training Liftow’s Dartmouth location is a full service forklift dealership. ![]() Making it as easy as possible to find the news and equipment that you need and want.Ĭontents Copyrighted 2022, by Construction Equipment Guide, which is a Registered Trademark, registered in the U.S. Now we extend those services and information to the internet. of Atlanta, Georgia on warnings/human factors.Construction Equipment Guide covers the nation with its four regional newspapers, offering construction and industry news and information along with new and used construction equipment for sale from dealers in your area. Nissan’s experts were John Johnson of Gresham, Oregon on design and Alan Dorris, Ph.D. Dennis Seal, of Dallas, Texas testified regarding warnings. Plaintiff’s experts were Thomas Berry of Wichita, Kansas and Andy McPhate of Baton Rouge, Louisiana for design issues. Peters was not properly operating the product at the time of the accident, causing him to lose his balance and allowing his foot to come between the pallet jack and a concrete post. Nissan responded to the warnings claims with evidence of the warnings provided by Nissan as well as the extensive three-day training program utilized by Wal-Mart. The center-rider pallet jack, which was offered by Nissan as well as many other manufacturers, had a different utility, and the decision for which design best met a consumer’s needs was ultimately a decision for the customer, especially considering the sophistication of Wal-Mart. Regarding plaintiff’s design alternatives, Nissan argued that the utility of the product as an order-picker in distribution centers would be severely handicapped if plaintiff’s design changes were implemented. The pallet jack further conformed to all relevant industry and governmental standards. Nissan responded by demonstrating the dearth of similar incidents with a design which had been on the market for decades. Unzicker Equipment - Website Video chat with this dealer. Finally, plaintiff alleged that Nissan failed to provide sufficient warnings of the dangers associated with operating the pallet jack in the rider mode. 2013 Nissan, MJ1F4A40LV (PF90LP) Other, Forklift, Nissan 2013 PF90LP (MJ1F4A40LV), 9,000 lbs capacity, 6 cylinder LP gas engine, automatic transmissi. Alternatively, plaintiff argued that the subject pallet jack’s end-control design should be replaced with a center-control design, because of the added protection provided to operators. Plaintiff claimed Nissan failed to provide a safe design for the pallet jack, contending that the operator’s platform was too small and there should have been additional measures taken to prevent a rider from falling or becoming dislodged from the platform. Plaintiff asked the jury for $1.9 million in damages. He claimed total and permanent disability from future employment. Peters, who was 30 years old, crushed nearly every bone in his foot and has since undergone 6 surgeries. Peters, crushed his foot while operating a walkie/rider pallet jack at a Wal-Mart distribution center. The suit arose from a workplace accident in which the plaintiff, Mr. ![]() Williams and Quincy Crochet, of McCranie Sistrunk Anzelmo Hardy, McDaniel & Welch in New Orleans, Louisiana obtained a unanimous defense verdict in a case tried to a Federal Court jury in New Orleans.
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