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The Collaborative Clearinghouse for Lawsuits and Other Claims Against ACE Group Insurance Companies

TURRUBIATES et al v. RUSTGO CO et al

ATTENTION: It is possible that this information may no longer be current and therefore may be inaccurate. The index contains both open and closed cases and is not a complete list of cases in which an ACE Insurance Group company is involved. This information is provided to give interested persons an idea of the issues disputed in the indexed cases. For a full understanding of a case, one should read the rest of the court file, including the response. For the most up-to-date and complete information on a case, visit www.pacer.gov or contact the clerk of the relevant court.

Case Number: 
1:12-cv-00025 Search Pacer
ACE Group party(s): 
Opposing Party: 
Jeremy Turrubiates
Court Type: 
Federal
US District Court: 
Eastern District of Wisconsin
Date Filed: 
Jan 9 2012

"FIRST CLAIM BASED ON STRICT LIABILITY

7. That prior to July 12, 2009, the defendant, Rustgo, designed and manufactured a Rustgo manually propelled work platform, model 195, in a defective condition; that said work platform was ultimately distributed and sold to Consolidated Construction Company, Inc.,
located in Appleton, Wisconsin. That on July 12, 2009, the plaintiff, Jeremy Turrubiates, was climbing up the side ladder of the manually propelled work platform when the extension on the ladder became dislodged, causing him to fall to the ground.

8. That the manually propelled work platform designed and manufactured by the defendant, Rustgo, was in a defective condition when it left the possession and control of Rustgo; that because of said defective condition, the work platform was unreasonably dangerous to the ultimate user and consumer, the plaintiff, Jeremy Turrubiates.

9. That the work platform was a product which the defendant, Rustgo, intended to, and expected to, and which did, in fact, reach the ultimate user and consumer, Jeremy Turrubiates, without substantial change in the condition it was in when it was manufactured and subsequently sold.

10. That the defendant, Rustgo, was engaged in the business of designing, manufacturing and selling the aforesaid manually propelled work platform, and the sale of said work platform was not an isolated nor infrequent transaction not related to the principal business of said defendant.

11. That the defective and unreasonably dangerous condition of the manually propelled work platform was the direct and proximate cause of the accident referred to herein.

12. That as a direct and proximate result of the defective and unreasonably dangerous condition of the manually propelled work platform, the plaintiff, Jeremy Turrubiates, sustained severe and permanent injuries which necessitated extensive treatment by health care providers, and which he is informed, will continue to require treatment in the future, and which have, and will permanently in the future, result in pain and suffering, loss of enjoyment of life, loss of earning capacity, and other damages.

SECOND CLAIM BASED ON NEGLIGENCE

13. That as and for a claim for relief based upon negligence, the plaintiff realleges and incorporates by reference as though fully set forth herein each and every allegation contained in Paragraphs 1-12, above.

14. That the defendant, Rustgo, was negligent in designing, manufacturing and selling the manually propelled work platform in a defective condition, in failing to properly inspect and test the work platform, in failing to provide adequate warnings and instructions regarding the
setup, assembly, inspection, servicing, maintenance and use of the manually propelled work platform, and in other respects.

15. That the negligence of the defendant, Rustgo, was a substantial factor in causing the accident and the injuries and damages sustained by the plaintiff as alleged herein.

WHEREFORE, the plaintiff demands judgment as follows:

A. For the amount of damages found to be appropriate, together with costs and disbursements of this action;
B. For an adjudication of any subrogation claim which the involuntary plaintiff, ACE American Insurance Company, may have; and,
C. For such other relief as the Court may deem just."

The provided text is an excerpt from a document filed in this case. For a full understanding of the case, one should read the complete court file, including the response.

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