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Peter Patton Wins Important Victory for Injured Worker
The Superior Court of Pennsylvania, in a unanimous full court opinion, agreed with Galfand Berger Senior Partner Peter Patton’s argument that certain federal Occupational Safety and Health Administration (OSHA) regulations did not bar a worker’s claim that a forklift was unsafely designed. Kiak v. Crown Equipment Corp., 2010 Pa Super 13.
This decision is a huge victory for the rights of injured workers throughout Pennsylvania.
Mr. Patton sought to overturn a lower court decision, which determined that a federal OSHA regulation barred or preempted our client’s state law claim that a forklift was unsafe. If upheld, this lower court decision would have restricted the rights of workers to recover for on-the-job injuries caused by defective machinery or equipment.
Our client suffered a serious leg injury when a forklift, coasting in reverse, struck him in a warehouse. The forklift did not beep when coasting in reverse. Without this safety feature, our client did not hear the approaching forklift truck and suffered debilitating injuries.
The manufacturer of the forklift argued that OSHA regulations barred or preempted our client’s claim under state law. The trial court agreed and granted summary judgment to the manufacturer. By granting summary judgment, the trial court prevented our client’s claim from going to trial.
Mr. Patton was convinced the trial court wrongly decided this issue so he appealed the court’s determination. His analysis proved correct as the Superior Court, en banc, ruled that our client’s claim was not barred or preempted by federal regulations. In adopting Mr. Patton’s argument, the Superior Court ruled: