Recent Case Results

Crown Equipment Prevails in Product Liability Claims

March 2018

After a Daubert and dispositive motions hearing before the Honorable Judge Robert Kugler of the U.S.D.C. for the District of New Jersey, Thomas J. Cullen, Jr., Margaret C. O'Neill, and Alexander L. Stimac obtained summary judgment on behalf of Crown, a leading manufacturer of material handling equipment.  In Brooks v. Crown Equipment Corporation, Plaintiff was struck by a walkie rider pallet truck in a warehouse.  Plaintiff and his wife brought product liability claims against Crown, alleging that the pallet truck was defectively designed in that automatic audible and/or visual signaling devices were not included as standard features.  Crown moved to exclude Plaintiff’s expert witness on Daubert grounds and moved for summary judgment, arguing that the applicable OSHA regulations governing warning and signaling devices for powered industrial trucks preempted Plaintiff’s claim.  Judge Kugler granted both of Crown’s motions, excluding Plaintiff’s expert witness and finding Plaintiff’s claims were preempted by the applicable OSHA regulations.