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Torts Keyed to Dobbs
Genie Industries, Inc. v. Matak
Citation:
462 S.W.3d 1 (Tex. 2015).Facts
The Defendant, Genie Industries, Inc., manufactured and sold aerial lifts. An aerial lift is used to raise a worker on a platform in order to reach tall ceilings and other elevated places. One model of lift sold by the Defendant is the AWP-40S. Matek and Boggan, employees of Gulf Coast Electric were hired to run fiber optic cables in the ceiling of the Cathedral in Pines Church. The Church owned a AWP-40S which is used to reach the ceilings in its buildings. The two men were safely using the lift owned by the Church to do the work when a church employee suggested that rather than lowering the platform and having the man on the platform get off each time the lift needed to be moved, that they raise the stabilizing jacks, roll the lift to the new location and then lower the jacks again, leaving the man at the top of the lift, fully extended, the entire time. One of the employees expressed concern about this method, but the Church’s employee assured him that it was safe. A sign on the machine includes a graphic of a man pushing the lift while elevated along with the text, “DANGER: Tip-over hazard. Attempting to move the machine with the platform raised will tip the machine over and cause death or serious injury.” This warning came to life when on the first attempt at moving the lift fully extended, it tipped over suddenly and crashed to the ground. Matak died of massive head injuries and his state Brough an action for wrongful death and survivor damages.
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