Advertising Disclosure Email Disclosure

Court denies defendant's motion for summary judgment regarding plaintiff's strict liability and negligence claims against manufacturer of rebar web assembly.

January 1, 2012
Moore v. Elk River, Inc., PICS Case No. 11-4607

The defendant argued that the plaintiff's use of the rebar web assembly exceeded its intended, foreseeable use because he did not use a fall arrest lanyard or compatible attachment to the transmission tower. The motion was denied because the defendant's marketing materials, the testimony of several fact witnesses and the defendant's general manager established that the rebar web assembly was a "hands free" positioning device designed to hold a worker in a safe working position regardless of whether a personal fall protection system was used or not. Other evidence demonstrated that the accident occurred because the rebar web assembly incorporated a hook that allowed the device to detach from an anchor point and "roll out" during normal usage and under less than 76 pounds of pressure. The court also rejected the defendant's argument that the plaintiff voluntarily assumed the risk of injury. Although there was evidence that the plaintiff appreciated the "general risk of falling," the defendant presented no evidence that the plaintiff understood the "specific risk of the pelican hook disengaging" if less than 76 pounds of pressure was applied to the locking gage of the hook.

Case Law Alert - 1st Qtr 2012

Affiliated Attorney

Alex B. Norman
(215) 575-3563

Practice Areas

Please read the following disclaimer:

Thank you for your interest in our firm. The information contained on this Website contains statements, videos and other content about the type and quality of services offered by Marshall Dennehey Warner Coleman & Goggin, as well as past results and testimonials about the firm. This information has not been reviewed nor approved by the Florida Bar.

  • The facts and circumstances of your case may differ from the matters in which results and/or testimonials have been provided.
  • All results of cases handled by the firm are not provided and not all clients have given testimonials.
  • The results and testimonials provided are not necessarily representative of results obtained by any individual attorney or by the firm nor of the experience of all clients or others with the firm. Every case is different, and each client's case must be evaluated and handled on its own merits.

Please acknowledge that you have read the above disclaimer by clicking on one of the two links below.

YES I have read and understand the above statements. I am interested in learning more about Marshall Dennehey Warner Coleman & Goggin. NO I do not want to view the information.

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."