The Case Goes on Against the Manufacturer
On January 9, 2004, Mr. Edgar known by his friends and family as “Fiyah” a young physically fit husband and father of 3 children went to work as he usually did. Fiyah was a tree cutter with advance training designated as an arborist. Fiyah was a physical man who loved to work hard and play hard. Fiyah was in top physical shape on January 9, 2004 when he went to work. Fiyah was working in a bucket extended from a Terex Telelect lift when suddenly and unexpectedly part of the lift that is connected to the truck collapsed and Fiyah’s life was forever shattered. Fiyah suffered spinal injuries and became a paraplegic.
Panter, Panter & Sampedro, P.A. along with the Finizio Law Firm began an extensive investigation traveling around the Country retaining the best experts with engineering knowledge and knowledge of the mechanics of the lift to determine how this incident happened and what could have been done to prevent it. At this stage in the litigation the case is still pending against Terex Telelect and their subsidiary companies and Forestry Equipment of Virginia, a company involved in the chain of distribution of the lift, and the assembly of the lift.
The settling defendant was Mark’s Automotive, Inc. Mark’s Automotive, Inc.’s role in this case was in the maintenance of the lift. There were allegations that Mark’s failed to maintain the lift appropriately and their negligence contributed to the horrible tragedy that Fiyah’s entire family experienced on January 9, 2004 and continues to experience forever.
It is hoped that this partial settlement will at least in part help Fiyah deal with the medical expenses of being a paraplegic and the complete loss of his income as result of this tragedy.
At all times Mark’s Automotive denied liability and maintained that others were responsible for the maintenance of the lift. Despite their adamant defenses, Mark’s Automotive tendered their policy limits knowing that that was the right thing to do and the only thing to do under the circumstances.