Products Liability Law Reporter

Orlando Hall, a subcontractor for E.R. Snell, Inc., was providing street sweeping services in Gwinnett County, Ga. When he noticed smoke coming from the M6 Avalanche mechanical broom sweeper, he pulled over to inspect the sweeper and troubleshoot the problem. His lower leg inadvertently activated the sweeper’s controls, causing him to be fatally crushed between the sweeper’s hopper and its conveyer. Hall is survived by his daughter.

She sued Schwarze Industries, Inc., alleging that it designed, manufactured, and selected equipment that was defective, unreasonably dangerous, and unsafe for foreseeable users. Suit claimed the sweeper’s outside controls created a risk of unintended activation and that the controls and toggle switches were not guarded.

The jury awarded $4.25 million.

Citation: Smith v. E.R. Snell Contractor, Inc., No. 18-C-05219-S3 (Ga. St. Ct. Gwinnett Cty. Mar. 28, 2022).

Plaintiff counsel: AAJ member Lance Cooper and Patrick Dawson, both of Marietta, Ga.; AAJ member Rebekah Cooper, Los Angeles; and Kendall Dunson, Montgomery, Ala.

Plaintiff expert: Eric Van Iderstine, mechanical engineering, Pensacola, Fla.