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Torts keyed to Best
Smith v. Ingersoll-Rand Co.
Citation:
14 P.3d 990 (Alaska 2000)Facts
Plaintiff works as a light duty mechanic at Prudhoe Bay. On August 12, 1987 plaintiff suffered permanent injuries when an air compressor door manufactured by defendant fell on his head at work as he was attempting to start the diesel engine of an Ingersoll-rand portable air compressor. At the time, plaintiff suffered some bleeding and swelling, but did not believe the injury was serious.
Eleven days after the incident, plaintiff suffered a generalized motor seizure. He had not experienced seizures in his adult life prior to this. While on the medevac plane, he suffered another seizure. Plaintiff was subsequently diagnosed with Traumatic epilepsy. Since then, plaintiff has continued to suffer seizures, has difficulty concentrating, lapses in memory, and other related medical problems. He lost his job as a result of these issues and remains unemployed.
He was not wearing a hardhat at the time of the incident.The air compressor is an older model that required the door be open to start the engine. There is no latch to hold the door open. Instead, the door stays open in one of three positions: 1) fully opened, 2) up-and-folded, or 3) wedged. He does not remember the details of the incident, only that he opened the air compressor door and the next thing he knew, the door had fallen on his head.
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Topic Resources
Topic Outline
Products LiabilityTopic Refresher Course
Products Liability, Design, and Failure to WarnTopic Charts & Notes
Products Liability