United States District Court, D. Massachusetts
BRIAN GOODRICH, PATRICIA GOODRICH, INDIVIDUALLY AND AS MOTHER AND NEXT FRIEND OF S.M.G. AND S.L.G., Plaintiffs,
CEQUENT PERFORMANCE PRODUCTS, INC., TRIMAS CORPORATION, CIMLINE, INC., PLYMOUTH INDUSTRIES, INC., And GARLOCK EQUIPMENT CO., INC., Defendants.
FINDING AND ORDER ON DEFENDANTS JOINT AND
PLAINTIFF'S MOTION TO EXCLUDE EXPERT WITNESS TESTIMONY
(DOCKET NO. 88)
TIMOTHY S. HILLMAN DISTRICT JUDGE
Inc. and Garlock Equipment Co., Inc. design, manufacture, and
sell the MAGMA 110 Asphalt Melter. In April 2013, Plaintiff
was changing the oil on his MAGMA 110 Asphalt Melter when it
collapsed on him causing serious injuries. The Plaintiff has
filed suit against the Defendants seeking monetary damages.
The First Amended Complaint (“Complaint”) alleges
negligence (Count I), and breach of the express and implied
warranties of merchantability (Count II) against Garlock
Equipment Company (“Garlock”). It further alleges
negligence (Count XI), and breach of the express and implied
warranties of merchantability (Count XII) against Cimline,
Inc. (“Cimline”). Plaintiff does not oppose the
motion for summary judgment as to Defendant Plymouth
Industries (“Plymouth”) and therefore
Plymouth's motion is granted. Additionally, Plaintiff
does not oppose dismissal of any express warranty claims.
Garlock Equipment Co. (”Garlock”) purchased
Defendant Cimline, Inc., (“Cimline”)
(collectively referred to as “Defendants”) in
1992 to manufacture and sell asphalt melters. One of the
products Defendants designed, manufactured and sold is the
MAGMA 110 Asphalt Melter/Applicator (“Melter”).
The Melter is used to seal cracks in asphalt and other hard
Melter is attached to a trailer which is equipped with a jack
assembly system. The jack assembly system has two parts; a
steel pivot-tube mounted plate and a detachable jack. The
pivot-tube mounted plate is permanently welded to the trailer
unlike the detachable jack, which is used to hold the trailer
elevated above ground. The detachable jack is secured to the
pivot-tube by a pivot pin fastened to the freestanding jack
with a chain.
sell the Melter with a Bulldog jack, which is manufactured by
Cequent Performance Products
(“Cequent”). Cequent publishes and distributes the
following warnings with their Bulldog jacks inter
1. Never allow installation or use of this product by anyone
without providing them with these instructions; and
2. Secure the load, vehicle and trailer from rolling (by
blacking wheels)…; and
3. If this product has a pivot tube mount, make certain the
pivot pin is fully inserted through both; and
4. Operator and bystanders should never position any part of
their body under any portion of this product or the load
(the “Bulldog Warning”).
publishes and distributes an owner's manual with the
Melter (the “Safety Manual”). The Safety Manual
does not include the Bulldog Warning, or any warning relating
to the jack-assembly or hazards of placing a body underneath
the Melter while elevated by the jack. There are no warnings
on the Melter or the Bulldog jack instructing the user to pin
the jack before use in order to be safely operated.
Additionally there are no instructions stating that the
Bulldog jack is the only jack that should be used with the
Melter. Richard Stoffels, Defendants safety engineer,
testified that as long as a pin is used, any jack with the
appropriate rated capacity that fits into the pivot-tube
mounting is acceptable. As safety engineer, Stoffels is
responsible for the design and safety of the Melter. Since
Garlock purchased Cimline, no hazard safety analysis on the
jack assembly system of the Melter has been conducted.
Furthermore, there is no documentation showing that a hazard
safety analysis was ever conducted on the Melter before
Garlock purchased Cimline.
Melter can last up to ten years but the oil needs to be
changed approximately every 250 hours. The only way to change
the oil is to lift the Melter using the ...