Forklift operator sue manufacturer, says forklift's fail-safe failed, resulting in severed leg

By Noddy A. Fernandez | Feb 4, 2019

CHICAGO — A forklift operator is suing a forklift trucks manufacturer, citing alleged negligence and product liability.

Darrius Duniver filed a complaint on Jan. 16 in Cook County Circuit Court against Clark Material Handling Co.; Battery Handling Systems Inc.; and Equipment Depot of Illinois Inc., alleging the defendants breached their duty to place products into the stream of commerce that were free from defects and unreasonable dangers.

According to the complaint, on July 30, 2017, Duniver was working as a forklift operator when the forklift manufactured by defendants allegedly severed his leg as he was replacing drained batteries from the forklifts. 

The plaintiff alleges the defendants failed to provide adequate and sufficient warning regarding insufficient safeguards to shut down the forklift in emergency situations, when it should have known workers would be operating the forklift.

The plaintiff requests a trial by jury and seeks more than $50,000, plus costs with interest, and other relief. He is represented by Stephan Blandin, Michael Holden and Michael Grieco of Romanucci & Blandin in Chicago.

The Cook County Circuit Court Case No. is 19-L-000546.

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Cook County Circuit Court Romanucci & Blanden

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