Appeals Court Upholds Forklift Verdict

February 2, 2009

The 1st U.S. Circuit Court of Appeals has upheld a verdict against the manufacturer of a forklift on which a Maine man was killed five years ago.

A Maine jury ordered Crown Equipment to pay $4.2 million to the widow of a man who suffocated after being pinned when his forklift backed into a wall.

The lawyer for Claire Brown told jurors that Crown knew of 220 similar accidents, 10 of which caused deaths prior to her husband’s. But Crown contended it was under no obligation to notify users of older equipment of safety upgrades, including one recommended for the forklift that claimed the life of Thomas Brown on Aug. 1, 2003, at Prime Tanning in Berwick, Maine.

The appeals court upheld the jury’s verdict but ordered the lower court to revisit the issue of damages.

Topics Maine

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Latest Comments

  • February 2, 2009 at 2:19 am
    Eli says:
    Why is it that workers NEVER have personal responsibility for their own carelessness, negligence, or stupidity? Even if a safety bulletin had been issued there's no guarantee... read more
  • February 2, 2009 at 1:27 am
    Safety Man says:
    Outrageous cunduct by the manufacturer. Accident as described is an accident but could have prevented by initial design and lack of later cover-up by manufacturer. We in safe... read more
  • February 2, 2009 at 12:59 pm
    Dan says:
    The cause of his death wasn't the forklift, it was the operator's own stupidity and carelessnessin backing into the wall and getting pinned underneath a shelf where he suffoca... read more

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