United States District Court, N.D. Georgia, Atlanta Division
OPINION AND ORDER
WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE.
matter is before the Court on Defendant Atlas ABC
Corporation's (“Atlas”) Motion for Summary
Judgment . Also before the Court are Defendants Terex
Corporation, Terex South Dakota, Inc. (“Terex
SD”), and Terex Utilities, Inc.'s (collectively,
“Terex” or the “Terex Defendants”)
Motions for Continued Protection of Evidence , ,
a products liability action stemming from the failure of a
2002 Terex Hi-Ranger XT 60/70 boom, Serial No. 2021020554
(the “Subject Boom Truck”), an aerial lift
device. Terex XT aerial devices are commonly utilized by tree
trimming companies. The Subject Boom Truck consisted of a
lower boom, upper boom, and bucket, as depicted in the
April 9, 2014, Plaintiff Jeffrey Gaddy
(“Plaintiff”) was in the bucket of the Subject
Boom Truck when the lower boom stub fractured, causing
Plaintiff to fall to the ground. Plaintiff suffered spinal
injuries resulting in paraplegia. Plaintiff claims Terex S.D.
negligently manufactured and designed the Subject Boom Truck,
and that it failed to warn him of certain dangers. Plaintiff
also claims that the steel used in the lower boom stub did
not meet Terex's design specifications. Plaintiff
contends the steel was distributed to Terex by Atlas's
predecessor, LTV Copperweld.
The Lower Boom Tube
the main components of the lower boom stub in Terex's
XT-series trucks is Terex part number 444195, which is a
hollow rectangular beam with dimensions of 10” x
8” x 113”. (Atlas's Statement of Material
Facts [295.1] (“ASMF”) ¶¶
9-10). On May 4, 1999, Terex revised the material
specification for its lower boom tube, requiring it be
comprised of high strength, low allow (“HSLA”)
steel with a minimum yield strength of 70, 000 psi. (ASMF
¶ 11). The lower boom tube in the Subject Boom Truck was
comprised of ASTM A500 carbon steel with a minimum yield
strength of 46, 000 psi, and thus did not conform to
Terex's materials specification. (ASMF ¶ 12). The
lower boom tube is the part that failed in the Subject Boom
Truck, resulting in Plaintiff's injuries.
Subject Boom Truck was manufactured by Terex on October 4,
2002. (ASMF ¶ 5). Between May 1999, when Terex revised
its specification to require HSLA steel, and the October 2002
manufacture of the Subject Boom Truck, LTV
Copperweld supplied Joseph T. Ryerson & Son, Inc.
(“Ryerson”) with, among other products, 10”
x 8” hollow rectangular steel beams measuring 40 feet
in length. (ASMF ¶ 33). The interior walls of each of
these beams were die-stamped at 36-inch intervals with LTV
Copperweld's logo, the date of manufacture of the beam, a
mill identifier, and a heat log number, as depicted below:
¶¶ 19-21). From June 16, 1999 through October 4,
2002, Ryerson cut certain of these hollow steel beams to the
lower boom tube's 113-inch length and shipped these parts
to Terex. (ASMF ¶ 34). Ryerson also shipped to Terex a
limited number of 40-foot hollow rectangular beams, which
Terex occasionally cut in-house to produce lower boom tubes.
(ASMF ¶¶ 35, 36).
LTV Copperweld and ITC
discovery in this case, it was discovered that the interior
wall of the lower boom tube in the Subject Boom Truck was
stamped with the logo of Independence Tube Corporation
(“ITC”), not LTV ...