$________ Product liability - Defective dump truck - Negligent absence of access ladder - Plaintiff worker slips and suffers bilateral rotator cuff tears.

Mercer

The plaintiff dump truck driver, in his mid 30s, then in the employ of a landscape company, contended that the vehicle was defective because it was sold without an access ladder. The plaintiff maintained that he was required to gain access to the bed for various reasons and the hazard of climbing into the bed without the ladder was heightened because of the requirement since the 1970s that the bottom rung of the dump body be sloped at a 70 angle to obviate the risk of debris flying out of the back as the truck was moving on the highway.

The plaintiff contended that he slipped on the rung and grabbed an overhead object with both hands to prevent himself from falling. The plaintiff maintained that he suffered rotator cuff tears to both shoulders and required bilateral arthroscopic surgery. The plaintiff’s orthopedist contended that although the plaintiff made a good result, he will suffer some pain and restriction and should avoid heavy work. The plaintiff contended that he no longer works for the landscape company, has obtained a lighter duty driving job that does not provide the same overtime as he had with the landscaping company and maintained that he suffered a diminution in earning capacity.

The defendant maintained that no standards or regulations required a ladder and contended that the truck as sold was safe. The defendant also denied that the plaintiff’s income claims should be accepted.

The case settled prior to trial for $________.