Ken Meyer defended Terex Corp. and Terex Advance Mixer, Inc. in Ocean County (NJ) Superior Court against allegations that Terex’s front discharge ready-mix cement truck was defectively designed. The plaintiff drove a Terex cement truck in the course of his employment. While filling the truck’s water tank and preparing for a cement delivery, the plaintiff fell from a 29-inch concrete platform parallel to the truck. As he fell his leg went through the truck’s step, which resulted in a compound fracture and ultimately a leg amputation. At trial the plaintiff argued that the truck design was defective for two reasons: (1) because the truck fender, which stood 51 inches high and did not have a railing, and (2) because the truck’s gauge for measuring the fill level of the water tank was located on the passenger side of the truck, as opposed to the driver’s side. After six days of trial, the jury returned a verdict in favor of Terex after only 14 minutes of deliberation.
10.8.2014