Products Liability Law Reporter

Harold Getting, 74, leased a 2015 Troy-Bilt riding lawn mower from Mark’s Sales and Leasing. During the leasing process, he asked sales representative Lemuel Barger whether the mower would be appropriate for his sloped yard. Barger allegedly assured Getting that the mower was appropriate for his property and later delivered the item to his home.

While Getting was using the mower, it became unstable, causing his left foot to contact the blade, which led to partial amputation of the foot. Getting required multiple debridements and spent approximately one month at a rehabilitation facility. He now has difficulty walking and suffers from balance issues and nerve damage.

Getting and his wife sued Barger and Mark’s Sales and Leasing, alleging the defendants had negligently leased the mower to Getting. The plaintiffs asserted that the defendants failed to apprise Getting that the mower was not safe to use on slopes greater than 12 degrees. Moreover, suit alleged that the defendants failed to provide the operating manual. The plaintiffs did not claim past medical expenses.

The defense argued that Getting had failed to read the warnings on the mower and drove the mower in a dangerous manner.

The jury awarded $2.3 million, finding Getting 15% at fault.

Citation: Getting v. Mark’s Sales and Leasing, Inc., No. 18-1228 (Pa. Ct. Com. Pl. Lycoming Cty. Sept. 4, 2020).

Plaintiff counsel: AAJ member James J. Waldenberger, Philadelphia.

Plaintiff experts: E. Smith Reed, mechanical engineering, Fairlee, Vt.; S. Ross Noble, physical medicine, West Reading, Pa.; John Yannacone, engineering, Abington, Pa.; and Marcus Riedhammer, family medicine, Danville, Pa.

Defense experts: Paul L. Dreyer, mechanical engineering, Buffalo, N.Y.; and Thomas DiBenedetto, orthopedic surgery, Allentown, Pa.