I am a lawyer representing a man seriously injured by the inadvertent
operation of a scissor lift manufactured by Skyjack. The "controller"
in question was manufactured by PQ Controllers; it is a "proportinal
controller" with a joystick which has a "ring lock" device which must
be lifted before the stick can be made to move; the "ring lock" failed
to protect the stick; my man came in contact with the stick and the
lift went up causing a serious head injury.

I want to know the identifying information on lawsuits against PQ
Controllers and Skyjack for cases involving "inadvertent operation"
due to this type of controller. My case is in California. I need an
expert witness familiar with the devices and I expect he or she could
be found in the lawsuit information or from the Plaintiff's attorney
in such cases.

---

Clarification of Question by m6esq-ga on 30 Oct 2002 04:54 PST

I just need a list of the lawsuits against PQ Controllers and Skyjack.
The identifying information on the lawsuits should be detailed enough
for me to locate the case file. For example, John Doe vs. Skyjack, 333
Cal. App4th 334, 2002. This is a made up citation. Or reference to a
lawsuit against either company in an article or trade magazine.

Hi,

Skyjack was taken over by Linamar in August 2002.

There is a record of a suit against Northwest Handling Systems,Inc.
where an employee was injured. The improper operation of a Skyjack
scissor lift was involved.
http://www.oshrc.gov/decisions/pdf_2000/00-0356.pdf

http://www.skyjack.on.ca/skjackcurrent/financials/2002annual.pdf - the
company states that they have been named in several suits, so there
are cases pending.

A California Fatality Assessment and Control Evaluation Program (FACE)
report Report # 98CA003 summarizes an incident where an electrician
was killed while operating a scissor lift. Although the type of lift
is not specified, it may be a lead to follow. They do address the
issue of inadvertant movement of the joystick controls. See
Recommendation #4: Manufacturers should design equipment controls that
are protected from inadvertent operation. This finding may remove the
need to discuss any defect in the ring lock.
http://www.dhs.cahwnet.gov/ohb/OHSEP/FACE/98CA003.htm

http://www.panterandpanter.com/article_42.htm summarizes a suit that
involved a scissor lift. This dealt with the chains and not the
controls, but it does list a Miami engineer who testified in the case
for the defendant.

http://www.liftlink.com/IndustryNews/accidents/index2.cfm?cat3=22&cat2=27
A worker in Muskegon, Mich. accidentally activated lift controls
sustaining severe head and chest injuries while operating an aerial
lift. The story was reported in the Feb. 11, 2001 Sunday Chronicle.
Michigan Sunday Chronicle    Feb. 11, 2001 

Michael S. Morse has his resume of "expert witness" experience posted
online. Under EXPERTISE he lists "Failure at the human/machine
interface" and he lists his testimony before the "California Superior
Court - (Riverside CA) Testified regarding failure of a "man-lift"
with emphasis on design, human factors,  and electrical circuitry.
(6/97) (P)"
http://www.sandiego.edu/~mmorse/resume.htm


The US Department of Labor reports on a case where a man was killed by
a scissor lift. Again - the company that produced the lift is not
specified.
Region 4 News Release:   USDOL: 02-14
Fri., Jan. 25, 2002
Contact: Roberto Sanchez
Phone: (205) 731-1534
"Worker's Death Brings OSHA Citations for Haleyville Manufacturer
The remaining $7,000 fine was assessed for one serious violation --
failure to provide individual locks, tags, and blocking devices, and
to train employees in their use, to prevent release of stored energy
or the unexpected start-up of the scissor lift."
http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=72&p_text_version=FALSE
AND
http://www.safteng.net/Newsletter%2002.03.02.htm

A product liability case - not involving the lift or control you
mentioned might be germane. An unguarded switch caused injury. There
was no need to find the switch defective - the suit was successful.
http://www.cooleymanionjones.com/product.htm#unguard

An article on "Aerial Lift Accidents: Operator or Machine?" Has
several good points about accident cases and the engineer who wrote it
may be a resource as an expert witness.
http://www.stevenspublishing.com/Stevens/OHSPub.nsf/frame?open&redirect=http://www.stevenspublishing.com/Stevens/OHSPub.Nsf/f4ba66bad665a1098625670c00725833/897a36379a19e14f86256c21004e2340?OpenDocument

http://www.injury-law-atty.com/gwcnews1.htm is a Chicagolaw firm that
is bringing a case involving a scissor lift - "Client Case Stories
Coming Soon"...

Action against manufacturer and distributor of scissor lift on
construction site due to improper design of product.
http://www.broadandcassel.com/subsearch2/tort.htm

A $114 million verdict for double arm amputation due to defective
aerial lift device. http://www.cochranfirm.com/cases.html

The Witness.com is a site that connects expert witnesses with lawyers.
There are several experts in the construction field who may be able to
give you a name, if they can't help you.
http://www.thewitnesslist.com/index.cfm?method=search&return=0


Search terms I used were: Skyjack scissor lift injury settlement
Good luck,
bcguide-ga

---

Request for Answer Clarification by m6esq-ga on 01 Nov 2002 17:50 PST

Please provide similar information regarding the manufacturer of the
controller, PQ Controllers. Thank you. We have a good start regarding
Skyjack, I will continue reading the leads you provided. John

---

Clarification of Answer by bcguide-ga on 01 Nov 2002 21:50 PST

Hi,

Can you double check the manufacturer. "PQ controllers" seems to be a
generic term for PRESSURE-FLOW CONTROL (PQ) SERVOVALVES. I'm not
finding any manufacturer by this name. Command Controls, Delta Power,
Eaton Vickers, Hydra Force, Integrated Hydraulics, MOOG, Parker,
Rexroth, Sauer-Danfoss, Sterling Hydraulics, and Sun Hydraulics are
some of the companies that do manufacture these parts.

Thanks.

bcguide-ga

---

Request for Answer Clarification by m6esq-ga on 02 Nov 2002 01:05 PST

Thank you so much for your efforts; I will get you an exact name for
PQ on Monday when I am back in the office; I appreciate all your help.
JOHN

---

Clarification of Answer by bcguide-ga on 04 Nov 2002 22:35 PST

Hi,

Did you find anything out?

Post when you do.

Thanks,

bcguide-ga