Dallas Fort Worth Injury Lawyer Blog
A construction worker, Clifford Moncrieffe, was operating a Bobcat X320 compact excavator when the machine tipped over. Moncrieffe’s left foot was outside the operator’s compartment and his foot was crushed. Ultimately he underwent a knee amputation.
Moncrieffe sued manufacturer Clark Equipment Co., in Federal Court in Florida, for products liability (strict liability, negligence, breach of warranty and failure to warn).
The Plaintiff claimed that construction industry standards required the Bobcat excavator to be equipped with an adequate rollover and tip over protective mechanisms. These safeguards are meant to prevent a seat-belted operator’s extremities from falling out of the operator compartment in the event of a tip over.
Moncrieffe claimed that the rollover and tip over systems on Bobcat’s X320 excavator were defective, in light of the fact that his foot extended outside the operator compartment even though he was properly seat-belted. Moncreiffe also alleged that Bobcat knew or should have known of the defect and that it failed to warn prospective users of the hazard.
The case was settled for $1.85M prior to trial.