Torts Keyed to Goldberg
Genie Industries, Inc. v. Matak
Facts
James Boggan and Walter Matak, employees of Gulf Coast Electric, used an AWP-40S aerial work platform manufactured and sold by Genie Industries, Inc. (Genie) (defendant) to perform work. The 1,000-pound versatile lift contained a platform on which an individual could stand.Signs on the machine and in the user’s manual warned of the obvious danger that the machine could fall over if its four stabilizers were not deployed at the base of the lift prior to raising the platform. Boggan retracted the four stabilizers and attempted to move the lift with Matak on the raised platform and the machine fell. Matak suffered massive head injuries and died. Representatives of Walter Matak’s estate (plaintiffs) filed suit against Genie based upon an alleged design defect in the AWP-40S.At trial, the plaintiff presented four alternative designs to the AWP-40S. The jury held for the plaintiffs. The court of appeals affirmed, and the state supreme court granted Genie’s petition for review.
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