PHILADELPHIA – According to a plaintiff’s recent motion, the wrongful death lawsuit revolving around the death of their spouse, a landscaping contractor will be discontinued without prejudice.

Per a motion filed by plaintiff Carol Shaud on March 20, she chose to discontinue the litigation aimed at a number of landscaping contractors without prejudice – perhaps as a prelude to re-filing at another time, as the motion says it “shall not be understood or construed to…in any way impact the claims asserted by plaintiff.”

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 believed 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 had fully denied Shaud’s claims.

For charges of negligence and strict liability, plus under the Pennsylvania Survival Act, Pennsylvania Wrongful Death Act, the plaintiff was seeking compensatory damages in excess of $50,000, and a jury trial in this matter.

The plaintiff was represented by Robert J. Mongeluzzi, David L. Kwass and Elizabeth A. Bailey of Saltz Mongeluzzi Barrett & Bendesky, in Philadelphia.

The defendants were 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

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