Craig P. Curcio and Deborah J. Bookwalter win products liability trial

A recent products liability action involving a tie down restraint system for wheelchair bound individuals resulted in a directed verdict by Judge Christie Acker of the Supreme Court, Dutchess County at the close of plaintiff’s case. Plaintiff, an employee of a company servicing mentally and physically handicapped individuals, was operating a tie down restraint system, manufactured by Q’Straint, used to secure wheelchairs to the frame of a transportation vehicle. While taking off the tie down restraint from the wheelchair, plaintiff let go of the device which retracted into its housing quickly, causing injury to her wrist when the hook portion of the device struck her. She was not trained to do this and the company protocol does not advise this. After a motion for a directed verdict by the defense for plaintiff’s failure to prove a product defect in either design or manufacture, as well as failure to warn, Judge Acker issued a ruling from the bench dismissing all causes of action against the defendant. No appeal has yet been filed. Craig Curcio tried the case with Deborah Bookwalter assisting.

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