Products Liability Law Reporter

Mark Bowden’s employer rented a 2013 Genie S-45 self-propelled lift to complete necessary repairs on a ship in the city of Portland shipyard. The lift, which was parked at Bowden’s place of employment, had its boom over its steerable wheels and was parked up against a solid barrier adjacent to another lift. As a result, there was little room for him to maneuver the lift when he began operating it, and he was forced to deploy the drive enable switch to move the lift. As Bowden backed the lift away from its parked location, the machine moved suddenly and he was thrown back and forth violently inside the cage at the end of the boom.

Bowden, 57, suffered lumbar fractures and herniations at L3 to L5, cervical strain, a torn right meniscus, and facial contusions, among other injuries. He had been earning approximately $100,000 annually and returned to light duty work after his injuries.

Bowden sued Genie Industries (A Terex Brand) Inc., alleging it had manufactured and sold the lift in a defective condition and failed to warn. The plaintiff asserted that the lift should have been designed to disable its fast mode when the drive enable mode was being used to move it. The plaintiff also claimed that the lift caused its operator to be thrown around inside the cage when the unit’s steering axle was positioned nearest the platform with its wheels steered to the side and when the foot switch was depressed by the operator. The defense argued that the plaintiff had been contributorily negligent.

The jury awarded over $3.35 million, including more than $623,500 for lost income. The jury found the plaintiff 48% at fault. The case is on appeal.

Citation: Bowden v. Genie Indus. (A Terex Brand) Inc., No. 3:17-cv-1411 SI (D. Or. May 6, 2022).

Plaintiff counsel: AAJ members Kimberly O. Weingart and Shangar S. Meman, both of Portland, Ore.