Products Liability Law Reporter

Leroy Anthony, 68, was a service maintenance worker for Leflore County, Miss. While removing decorations from the ceiling tiles of the Leflore County Civic Center auditorium, he stood 34 feet in the air inside the work platform of a Genie TZ-34/20 Trailer Mounted Boom Lift. The boom lift’s arms came apart at a critical assembly point, and the work platform crashed to the ground, killing Anthony. He is survived by his wife and adult daughter.

Anthony’s wife, individually and on behalf of his estate, sued Genie Industries, alleging that the defendant manufactured the boom lift without a critical safety part—a bushing to prevent excessive friction at the lift’s assembly joint. As a result of damage resulting from excessive friction, the upper and lower boom lift arms separated and caused the work platform to fall, the plaintiffs argued.

The plaintiffs also claimed defective design and inadequate warnings.

The defense argued that it had provided adequate warnings and instructions and that the boom lift was not defectively designed and manufactured. The defense also argued that the county had failed to maintain and inspect the lift.

The jury awarded more than $9.86 million, finding the county 10% at fault.

Citation: Anthony v. Genie Indus., Inc., No. 2019-0074 (Miss. Cir. Ct. Leflore Cnty. May 23, 2023).

Plaintiff counsel: AAJ member Benny Agosto Jr. and Lena Laurenzo, both of Houston; and Edward Blackmon, Canton, Miss.