Pumphrey Receives Defense Verdict in Hinds CountyOctober 07, 2012.
Diane Pradat Pumphrey received a unanimous defense verdict in Hinds County recently in a case where an employee was seriously injured after falling from a scissor lift.
The employer, Bates Drywall, used the lift with an extension platform that they purchased used from Equipment, Inc. who performed regular maintenance and repair of the equipment. The employee fell while on the equipment from a height of 15 feet to18 feet and sustained serious injuries resulting in a lengthy hospital stay. Plaintiff alleged that the equipment was poorly designed and manufactured and that Equipment Inc. had a duty tell them to take it out of service because of the dangerous condition of the machinery.
Ms. Pumphrey argued that Bates Drywall abused the equipment, failed to properly maintain it and train employees in the safe use of it, and that Bates only called Equipment Inc. when the machinery would not work. Further, they proved that Equipment, Inc. did not have a duty to take the lift out of service or to make repairs which were not requested by Bates.
Ms. Pumphrey convinced the jury that all fault rested with Bates Drywall.