The Maine Supreme Judicial Court sitting as the Law Court today upheld a jury verdict entered against the plaintiff in a product liability case arising out of an allegedly defective overhead door. Burns v. Architectural Doors and Windows, 2011 ME 61 (Saufley, C.J.)
Plaintiff was injured at work when an overhead door closed while he was walking through and struck him on the head. Plaintiff knew that the door had no safety mechanism to prevent it from stopping if it encountered an obstruction. Basically, once one pushed the "down" button, the door would slam down with no emergency shut-off switch.
Plaintiff brought suit against Defendant ADW which had installed the door and against the manufacturer of the door on one product liability count alleging defective condition because the door did not contain a safety mechanism. Neither Defendant had manufactured the allegedly defective closing mechanism. The Superior Court entered an order on the Defendants' summary judgment motions, allowing Plaintiff to go forward on a failure to warn theory although this was not included in his pleadings. Plaintiff settled with the manufacturer and proceeded to trial against ADW.
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