On May 22, 2007, the Pennsylvania Superior Court of Pennsylvania affirmed a trial court’s granting of summary judgment to a forklift manufacturer in a products liability case. In Arnoldy v. Forklift L.P., the plaintiff was struck by a forklift while it was backing up. Plaintiff’s cause of action alleged defective design of the machine because it lacked any warning system when moving in reverse. The Court held that any state tort law requiring all forklifts to have certain safety devices would contradict language in the Occupational Safety and Health Act (OSHA)that states the user of the machine has the option to request the manufacturer to equip the machine with additional safety devices depending upon where the machine will be used.

Thomas P. Cummings, Esq.