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Pinto v. General Motors Corp.

Date of Verdict: 10/31/01
Court and Case Number: C.P. Philadelphia No. 3042 of 1999.
Judge: Victor DiNubile, Jr.
Type of Action:Products Liability
Injuries:Right ankle injury
Plaintiff(s)' Attorney(s):G. Lawrence DeMarco, DeMarco & DeMarco, Philadelphia
Defense Attorney(s):Mary Grace Maley, Philadelphia
Plaintiff(s)' Expert(s): Donald Klopp, Engineer
Trappe
Defense Expert(s):Dennis Vallad, engineer

Comments:

On October 1, 1997, Daniel Pinto slipped and fell while exiting out of a General Motors tow truck, injuring his right ankle. He alleged that the 35 gallon side saddle tank was defective because an indented step on the top of the tank did not have slip resistant material on the edge of the step itself. Instead, the step tank had oval serrated edges which stopped inches short of the edge. General Motors argued its step tank design had been used in the manufacture of its trucks since 1990 and was scheduled to be used through 2003. A staff engineer for General Motors testified that little research has been done on the preferred design and that two published studies did not offer any concrete conclusions. The jury returned a verdict in favor of the plaintiff.