Summary Judgement – Intermodal Container – Load Shift – Pennsylvania Manufacturer

William Longo & Jennifer Coatsworth successfully argued for summary judgment on behalf of their manufacture client who took delivery of baled scrap foam rubber provided by plaintiff, tractor-trailer operator, who sustained serious injuries when an 800 pound foam bale fell on his neck, back and head. Video footage preserved by our client revealed the bale in question was teetering, yet, plaintiff continued in the unloading process by opening an adjacent door accessing the intermodal container, bent down and was ultimately struck by the falling bale. Plaintiff contended our client had a duty to warn of the propensities of foam bales to dislodge during transit and that he had exercised considerable care, contrary to the video evidence, while attempting to unload the bales. The court agreed with our contention there was no duty owed to plaintiff by our client and granted summary judgment.