A Pennsylvania couple has filed a lawsuit against a major machinery manufacturer, alleging severe injuries due to a malfunctioning scissor lift. The complaint was filed by James Franz and Carolyn Barone Franz in the Court of Common Pleas of Allegheny County, Pennsylvania, on March 22, 2024, targeting JLG Industries, Inc.
The plaintiffs, represented by attorney J. Kerrington Lewis from the law firm Lewis, Lewis & Reilly, allege that James Franz sustained catastrophic injuries while operating a JLG Scissor Lift Model 2630 ES at his workplace. According to the complaint, on the morning of March 22, 2024, James Franz was loading the scissor lift onto a roll-off trailer truck when it suddenly malfunctioned and rolled off the trailer bed. This incident resulted in multiple fractures to his pelvis and vertebrae, severe internal bleeding, and other debilitating injuries including emotional distress and chronic pain.
The plaintiffs argue that JLG Industries failed in their duty to provide safe equipment. The complaint outlines several causes of action: negligence for failing to provide adequate safety controls and warnings; strict liability for delivering a defective product; breach of implied warranties of merchantability; and fitness for a particular purpose. "Defendant JLG Industries knew or should have known of the dangers posed by the scissor lift," states one part of the complaint.
In addition to seeking compensatory damages exceeding the arbitration limits set by the court for medical expenses, loss of earnings capacity, and pain and suffering, Carolyn Barone Franz is also claiming loss of consortium due to her husband's incapacitating injuries. She avers that she has suffered from losing her husband's comfort and care as a result of his accident.