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Products Liability Keyed Owen, 8th Ed.
Barker v. Lull Engineering Co.
Citation:
573 P.2d 443, 20 Cal. 3d 413, 143 Cal. Rptr. 225 (1978)Facts
In August 1970, plaintiff Ray Barker was injured while operating a high-lift loader at a University of California construction site. The loader, manufactured by defendant Lull Engineering and leased to Barker’s employer by defendant Philpott, was designed to lift loads up to 5,000 pounds to a maximum height of 32 feet. Barker, who had limited experience operating the loader, was attempting to lift lumber to a height of 18-20 feet on steeply sloped terrain. During the lift, the load began to tip, and coworkers shouted for Barker to jump from the loader. While escaping, Barker was struck by falling lumber and seriously injured. Barker claimed the accident resulted from design defects including the loader’s instability, lack of outriggers, absence of seat belts and roll bar, defective leveling mechanism, and absence of a transmission “park” position. Defendants argued the loader was not defective and that the accident resulted from Barker’s inexperience or misuse of the product.
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