Saturday, March 9, 2013

Costco Sued for Defective Automatic Door

A Pennsylvania Costco was successfully sued for products liability and premises liability as a result of an allegedly defective automatic door.  The plaintiff in this case was well represented by Pennsylvania personal injury attorney Joe Melillo.

In this premises liability lawsuit brought against a Pennsylvania Costco and other, the plaintiff, Lear was seriously injured on December 8, 2004, when he entered a Pennsylvania Costco.  As the plaintiff entered, the store's automatic doors closed on him.The automatic doors of the Costco's Wholesale Store closed abruptly as Lear entered the store, causing him to be thrown to the groud.

Lear suffered a broken hip that left him debilitated and unable to walk. He lived in the Jewish Home after his hospital stay. He developed pressure sore ulcers as a result of his debilitation. The sores became infected, leading to his death from sepsis on June 23, 2005.

The Costco entrance was equipped with a motion sensor that caused the doorway to open. The doorway's photoelectric hold-open beams were positioned at a height above the ground that allowed the doors to close while a pedestrian was partially within the doorway. The family alleged that there was no presence sensor installed with the doorway though the technology was available when Costco and its doorways were constructed. A presence sensor aims to prevent the doorway from closing on pedestrians who move slowly through, or stop within, the doorway area.  

Costco relied on its architect Mulvanny G2 Architecture Corp. to select an appropriate doorway model and features. The plaintiffs family alleged that the architect and Kajima Construction Services Inc., the general contractor that installed Costco's automatic sliding door system, should have understood the nature of Costco's business and the characteristics of its customers. The family claimed that the accident and the plaintiff's injuries were the result of Costco's careless, reckless and negligent actions.

 The defendants agreed to pay the following amounts to the plaintiff's family: $50,000 from Costco; $50,000 from Mulvanny; $35,000 from Kajima; $25,000 Harrisburg Glass; $50,000 Overhead Door Corp.; $50,000 Automatic Door Enterprises. Each party agreed to pay its own attorney fees and costs. The parties admitted no wrongdoing or liability.

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1 comment:

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