A suburban Philadelphia man has filed a product liability complaint against two golf
manufacturing companies over allegations that his leg was crushed underneath a golf cart after it flipped over due to a malfunction.
Horsham, Pa. resident Victor Gullo and his wife, Ashley, filed suit last week at the Philadelphia Common Pleas Court against Golf Cart Services Inc. of New Oxford, Pa. and Georgia-based Club Car LLC.
The couple claims that while riding across the grounds of Arcadia University, his place of employment, Victor Gullo was injured after his golf cart flipped on the property due to one of the vehicle’s back tires becoming stuck in the wheel well.
The malfunction caused the golf cart to flip over and land on Victor’s right leg, causing severe injuries, the lawsuit claims.
As a result of the incident, the suit states, Victor suffered a crushed shinbone, lacerations, muscle injuries, numbness, weakness, scarring, mental anxiety and anguish and a shock to his nervous system.
Victor had to spend various amounts of money on medical attention to treat his physical injuries and he has experienced earnings losses due to his inability to work, the complaint alleges.
The lawsuit accuses the defendants of carelessly and negligently inspecting and maintaining the golf cart, failing to implement a safe inspection system to prevent failure of the golf cart, failing to recognize the possibility of the vehicle flipping over, failing to ensure that the golf cart and its component parts could be used in a manner that would not cause a danger to users, improperly rotating the cart’s tires, and otherwise failing to use due care and caution under the circumstances.
The lawsuit contains counts of negligence, strict liability, breach of warranty, and loss of consortium.
The plaintiffs seek damages in excess of $50,000, as well as a trial by jury.
The suit was filed Aug. 21 by attorney Brandon A. Swartz of Newtown, Pa.-based Swartz Culleton PC.
The case ID number is 120802121.