Strict Liability.

The plaintiff was employed by the Atlantic City Streets Division. He was injured while cleaning a spreader attached to a salt truck. The plaintiff sued Thiele Manufacturing (truck manufacturer) on a strict liability theory. Also, the plaintiff sued First Vehicle Services for negligence. It was alleged that First Vehicle Services had a service and/or inspection agreement with Atlantic City to inspect and/or maintain a fleet of trucks. First Vehicle Services filed a third-party complaint against Swenson Spreaders, LLC, the manufacturer of the salt spreader. Thiele filed a motion for summary judgment on the plaintiff's claims. Swenson filed a motion for summary judgment on the claims raised by First Vehicle Services. Since the plaintiff presented no evidence to rebut Thiele’s showing that its manufacture of the body of the truck in question played no part in the plaintiff’s injury, Thiele’s motion was granted. Since First Vehicle Services failed to raise a genuine issue of material fact as to the third element of its design-defect claim, that the plaintiff’s use of the spreader at the time of his injury was reasonably foreseeable, Swenson's motion was granted.

Case Law Alert - 1st Quarter 2013