Lawsuit Filed: Liftgate Falls on Employee’s Foot, Resulting in Multiple Fractures

Elinor Leary and Clifton Smoot filed a lawsuit on behalf of Carlos Perezdeleon and his wife Elizabeth against Rush Truck Leasing and Maxon Lift Corporation for negligence, product liability and loss of consortium. The lawsuit alleges that Maxon Lift Corporation designed and manufactured a defective liftgate that was hazardous, and that Rush Truck Leasing failed to maintain the liftgate in a reasonably safe condition and failed to warn the plaintiff that the liftgate was not functioning. The liftgate fell on Carlos’ foot, crushing it.

In February 2015, Carlos was preparing to load a Ford 250 truck that was owned by Rush Truck Leasing. He intended to use the liftgate to facilitate the loading process. A day earlier, the hydraulic and electrical system used to raise the liftgate had failed. The liftgate was manually lifted off the ground and latched into place. The liftgate lacked a warning to alert subsequent users that the hydraulics were not operational. On the date of Carlos’ injury, he was unaware that the liftgate was not functioning. He unlatched it and the liftgate fell on his foot.

“As a direct result of the defendants’ negligence, Carlos sustained severe injuries, including multiple fractures in his right foot,” said Leary. “In addition to his physical injuries, Carlos was unable to return to his job. He will lose income, which will make it difficult to pay for his ongoing medical expenses.”


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