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Garcia v. Vertex Manufacturing Company

In this products-liability case involving the tip-over of an extended-reach personnel lift, a shipyard worker falls seventy feet when the lift he's in tips over. He suffers broken ankles in the fall and claims that he sustained a closed head injury. He sues Vertex Manufacturing, the maker of the lift, claiming negligent design.
Publisher: NITA
Case File + CD :One Voume, Softbound
2nd Edition
$38.00
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In Stock
ISBN: 9781601561077
Publisher: NITA
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Product details

In this products-liability case involving the tip-over of an extended-reach personnel lift, a shipyard worker falls seventy feet when the lift he's in tips over. He suffers broken ankles in the fall and claims that he sustained a closed head injury. He sues Vertex Manufacturing, the maker of the lift, claiming negligent design. Experts will testify for both sides on the lift's design safety and industry standards.

The defendant alleges that the lift was within industry standards and that it tipped over because of the plaintiff's employer's failure to properly train its workers. Defendant also disputes plaintiff's claims of a head injury and personality change.

If tried for liability only, there are three witnesses for the plaintiff and two for the defense. If damages are pursued, then there are five witnesses for the plaintiff and three for the defense. A CD containing photos of the accident scene and equipment, medical reports, and computer graphics is included.

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Table of Contents

CONTENTS

INTRODUCTION

INSTRUCTIONS AND STIPULATIONS

COMPLAINT

ANSWER

DEPOSITIONS OF POTENTIAL LIABILITY WITNESSES

RAYMOND GARCIA
JOHN MACHADO
WERNER GERHARD, P.E
MELVIN DEMSKY
MARVIN FELIX

LIABILITY CASE DOCUMENTS
EXHIBIT 1a-1f ILLUSTRATIONS FROM VERTEX 110 MANUAL (6)
EXHIBIT 2 SIMPLIFIED WIRING DIAGRAM
EXHIBIT 3 MARINE RESOURCES PERSONNEL LIFT TRAINING AND CERTIFICATION CHECKLIST
EXHIBIT 4 REPORT OF MARVIN FELIX
EXHIBIT 5 VERTEX LETTER OF 9/27/YR-5 RE: PRIOR TIP-OVER
EXHIBIT 6 REPORT OF WERNER GERHARD, PE

LIABILITY CASE PHOTOGRAPHS


EXHIBIT 7 MARINE RESOURCES DOCK AFTER TIP-OVER (1)

EXHIBIT 8 MARINE RESOURCES DOCK AFTER TIP-OVER (2)

EXHIBIT 9 PERSONNEL LIFT CONTROL PANEL

EXHIBIT 10 SAFETY DECAL--PROCEDURE FOR DAILY CHECK OF LOAD MANAGEMENT SYSTEM ON LIFT TURRET

EXHIBIT 11 DECAL--DAILY SAFETY CHECKLIST ON GROUND CONTROL PANEL

EXHIBIT 12 LIFT'S LMS CIRCUIT CARDS-LOAD MANAGEMENT SYSTEM

EXHIBIT 13 CIRCUIT CARD WITHOUT RESETTING FUSE

EXHIBIT 14 CIRCUIT CARD WITH RESETTING FUSE

EXHIBIT 15 NEW AND OLD CIRCUIT CARDS SIDE-BY-SIDE

EXHIBIT 16 BASKET CONTROL PANEL MODEL CLOSE UP

EXHIBIT 17 BASKET CONTROL PANEL--RIGHT SIDE

EXHIBIT 18 BASKET CONTROL PANEL--WARNINGS CLOSE UP

EXHIBIT 19 CONTROL PANEL-CAUTION/DANGER DECAL

EXHIBIT 20a-20c COMPUTER GRAPHICS OF LIFT FALL (3)


DEPOSITIONS OF POTENTIAL DAMAGES WITNESSES
STELLA GARCIA
ELENA MORETTI, MD

DAMAGES CASE DOCUMENTS


EXHIBIT 21 ADMISSION NOTE, MEMORIAL HOSPITAL, 10/2/YR-2

EXHIBIT 22 COMMUNITY COLLEGE TRANSCRIPT OF PLAINTIFF

EXHIBIT 23 EEG TEST PRINTOUT ON PLAINTIFF, 5/14/YR-1

EXHIBIT 24 EEG REPORT OF DR. MORETTI, 5/14/YR-1

EXHIBIT 25 REPORTED EARNINGS OF PLAINTIFF

EXHIBIT 26 PHOTOGRAPH OF RAY GARCIA'S SCALP LACERATION

EXHIBIT 27 MRS UNSATISFACTORY EMPLOYEE REPORT


REPORT OF DEFENSE DAMAGES EXPERT
REPORT OF NEUROLOGIST J. MARLENE COFFIN, MD, 6/4/YR-1

DR. COFFIN'S BACKGROUND INFORMATION

LEARNED TREATISES

DIAGNOSIS OF HEAD INJURIES

JURY INSTRUCTIONS

VERDICT FORM--LIABILITY AND DAMAGES

ALTERNATE VERDICT FORM--LIABILITY ONLY