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Judgment on the Pleadings for the Defense in Products Liability Case

September 15, 2006

The Georgia Court of Appeals recently affirmed a “judgment on the pleadings” obtained by Dan McGrew on behalf of his client in an alleged products liability case. In the case, the plaintiff, an employee of an asphalt company that was repaving a road in Douglas, Georgia, climbed up a raised dump truck bed to disentangle the bed from an overhead electrical wire. After grabbing the wire (allegedly with a shovel handle), the plaintiff received an electrical shock and fell over 30 feet to the ground, sustaining catastrophic injuries. Plaintiff sued manufacturers of various component parts of the dump truck, arguing that one or more of the components became entangled in the wire due to a manufacturing defect. Dan argued that under no set of provable facts as set forth in the Complaint would the plaintiff be entitled to recover against their client, the manufacturer of the awning that covered the dump truck bed, and the case should be dismissed as a result. The trial court agreed and the case was dismissed. After hearing oral argument on the matter in September 2006, the Court of Appeals affirmed the ruling and denied the Plaintiff’s motion for reconsideration.

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