A couple from suburban Philadelphia who claim the husband suffered “life-changing
permanent injuries” after he was crushed by a forklift he was operating has filed a personal injury claim against the home improvement store where the piece of machinery was purchased.
Pennsauken, N.J. attorneys John T. Dooley, William J. Coppol and John Mattiacci, filed the civil action June 25 at the Philadelphia Court of Common Pleas on behalf of Honor and Sharone Lewis Davis of Abington, Pa.
The couple accuses the Home Depot store at 1336 Bristol Pike in Bensalem, Pa. of strict product liability for selling a faulty piece of machinery.
According to the complaint, Honor Davis was injured on Oct. 18, 2010, when the Moffett forklift he was operating suffered a malfunction; specifically, the stabilizer leg of the machine failed causing the forklift to tip over and crush Davis beneath its weight.
The lawsuit claims that the forklift was owned, designed, assembled, manufactured, sold, supplied, rented, maintained, leased and/or distributed by Home Depot, Estes Express Lines Corp., JB Hunt Transport Inc. and/or Big E Transportation LLC.
As a result of the incident, Honor Davis suffered a head laceration, closed head injuries, neck and back trauma, and other “seriously permanently disabling personal injuries,” the lawsuit states.
The suit accuses the defendants of negligence for failing to warn Honor Davis of the defective nature of the product, failing to inspect the stabilizers to ensure they were functioning properly and failing to warn the plaintiff of the basis for any product recalls issued for the model number of the subject Moffett forklift.
The suit claims that as a result of the incident, Honor Davis has had to undergo medical treatment and physical therapy sessions for his injuries.
He has also suffered physical pains, mental anguish and anxiety as a result of the accident with the forklift.
Davis and his wife seek compensatory damages in excess of $50,000, plus delay damages, interest and litigation costs.
A jury trial is being demanded.
The case ID number is 120603309.