PHILADELPHIA – Per a state court judge’s outlined case management order, a wrongful death lawsuit revolving around the death of a landscaping contractor will hold a number of proceedings in 2018 and see the inside of a courtroom at this time next year.
According to that same order issued by Philadelphia County Court of Common Pleas Judge Arnold New on May 18, 2017, Carol Shaud’s lawsuit was given until Sept. 4 of this year to conclude pre-trial discovery, pre-trial motions are due by Nov. 5, a settlement conference may be scheduled at any time after Dec. 3 and a pre-trial conference may be scheduled at any time after Feb. 4, 2019.
The order states that the trial will then begin in the Philadelphia County Court of Common Pleas on March 4 next year.
“It is expected that the case will be ready for trial March 4, 2019, and counsel should anticipate trial to begin expeditiously thereafter,” New said.
Carol A. Shaud (acting as Administratrix of the Estate of Michael D. Shaud) of Macungie initially filed suit on Feb. 9, 2017 in the Philadelphia County Court of Common Pleas, versus Altec Industries, Inc. and Altec, Inc. of Birmingham, Ala., Altec Corporation of Philadelphia, plus Mickey’s Truck & Equipment Sales and Mickey’s Truck & Equipment Sales, Inc., both of Sugarloaf.
“On or about May 28, 2015, [Michael D.] Shaud was working as an employee for Shull’s Tree Service, Inc., at a property located at or around 3523 September Drive, Camp Hill, Pennsylvania. On that date, [Michael D.] Shaud was working with a team of two other men, utilizing a 1994 Altec LR III aerial lift attached to a GMC Topkick Chassis, to remove a tree at the subject location; immediately prior to the incident, [Michael D.] Shaud was on the ground gathering debris,” the suit says.
“Witness and employee Paul Willman, working to the rear of the vehicle, felt the vehicle shake uncharacteristically. Upon investigation, he found the boom arm had collapsed, ejecting the operator of the aerial lift bucket and violently striking [Michael D.] Shaud. Shaud died on site prior to the arrival of emergency personnel,” the suit continues.
The plaintiff believes the defendants designed, manufactured and sold a defective product without warning, and that the related negligence and liability associated with those actions led to her late husband’s death.
Counsel for the defendants have categorically denied Shaud’s claims.
For charges of negligence and strict liability, plus under the Pennsylvania Survival Act, Pennsylvania Wrongful Death Act, the plaintiff is seeking compensatory damages in excess of $50,000, and a jury trial in this matter.
The plaintiff is represented by Robert J. Mongeluzzi, David L. Kwass and Elizabeth A. Bailey of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.
The defendants are represented by George J. Murphy and Stephen J. Finley Jr. of Gibbons Law, plus Priore of McCormick & Priore, all also in Philadelphia.
Philadelphia County Court of Common Pleas case 170202423
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com