Verdicts & Settlements
Woman Awarded $1.8 Million for Injuries
A Lackawanna County jury awarded $1.8 million to an Olyphant woman who lost her left leg after being hit by a forklift at work. Susanne Bombar, was standing in the dock area of Lord Label talking to a co-worker when the lift came through a plastic curtain and struck her on March 15, 1995.
The jury, which heard evidence in the case for more than a week decided late Friday that the accident was the fault of Upright Material Handling, Inc., 1135 Main St Avoca, which had sold the machine to Lord Label. Four months after the sale on April 16, 1993. Upright installed a backup alarm system that was not functioning at the time of the accident.
There was no word whether an appeal is planned.
The jury, which sat before Judge Carmen Minora, found that Baker Material Handling Corp., Summerville, S.C., the lift's manufacturer, was not substantially negligent in Ms. Bombar's injuries so it escaped financial liability.
The elimination of Baker as a responsible party raises the question of whether there will be enough insurance available to cover the award, according to sources familiar with the case.
Lord Label was not a defendant because Ms. Bombar, who is represented by Atty. Robert W. Munley is covered by workers' compensation.
The trial included a videotape showing the difficulties Ms. Bombar, who uses a wheelchair, encounters in daily living. She attended most of the trial.
The Label company bought the forklift without a backup alarm, although it did have a horn that could be manually sounded.
The company decided in August of 1993 that an alarm was necessary. Upright installed a sound and strobe-light system. The jury heard testimony that the system was periodically disconnected by workers at the plant.
Baker, represented by attorneys Samuel Silver and Michael Colleran, argued it had never had contact with Lord Label so even if the system was defective, it could not be held responsible. It also maintained that a tamper proof alarm does not exist.
The suit noted Upright, represented by attorney Jay Martilotti, was called back several times before the accident to repair the alarm system.
The companies involved in the manufacture and sale of the alarm system were named as defendants in the original suit, but were not involved in the trial.
