Products Liability Law Reporter

While truck driver Bennie Wood, 58, was exiting his tractor-trailer, he reached for the grab handle that was mounted to the cab using a single-bolt connection. The handle separated from the cab, causing Wood to fall and suffer a traumatic brain injury. He suffers from severe cognitive deficiencies, memory loss, vision impairment, and balance problems. He had been earning approximately $30,000 annually at the time of the incident. His past medical expenses were over $1 million.

Wood and his wife sued Navistar, Inc., and Navistar Canada, Inc., which manufactured the truck. The plaintiffs alleged that the truck and its handrail and fastener system were unreasonably dangerous in that the system used mixed-matched metals that led to galvanic corrosion, did not properly secure the handrail to the truck cab, lacked a fail-safe mechanism, and became loose when used in the manner for which it was intended. Additionally, the suit alleged failure to warn of the unreasonably dangerous condition and failure to manufacture the handrail and fastener system properly.

The defense argued that the risk was open and obvious and that the design and manufacture of the handrail and fastener system was not unreasonably dangerous.

The jury awarded more than $21.62 million, finding Wood 35 percent responsible. Posttrial motions are pending.

Citation: Wood v. Navistar, Inc., No. 2014L010457 (Ill. Cir. Ct. Cook Cnty. Nov. 16, 2018).

Plaintiff counsel: AAJ members Joseph A. Power Jr., James I. Power, and Sean Houlihan, all of Chicago.