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In this products liability suit based on design defect, the defendant manufacturer disclosed only 11 similar occurrences. The Beltz firm, however, through independent research, discovered that the manufacturer of this lattice boom crane was aware of over 100 prior accidents in which workers were seriously injured or killed in the course of assembly or dismantling of lattice booms. Despite knowledge of this dangerous condition and that other manufacturers had adopted safety modifications, the manufacturer failed to heed the advice of its own internal engineer, who recommended a safer, feasible alternative design and the addition of instructions to the operator's manual. In addition, the manufacturer failed to provide any warnings or instructions relating to such assembly and disassembly process.
Following a full trial in Federal District Court, the jury found liability against both the manufacturer, Bucyrus-Erie, and the plaintiff’s employer, Iroquois Rock. Iroquois Rock's liability was based upon the failure to provide training and instruction.
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