In a strict liability case under Utah law as interpreted by the 10th Circuit, a plaintiff bears the burden of demonstrating an alternate, safer, more feasible design. Wankier v. Crown Equipment Corporation, No. 02-4147, 10th U.S. Circuit Court of Appeals, Dec. 23, 2003.
Paula Wankier was injured while operating an electric pallet jack (known as a “walkie-rider”) manufactured by the defendant Crown. Wankier claimed that while operating the walkie-rider, she shifted the control arm from the “power on” position to a neutral zone position located between the “power on” position and the brake position. While in the neutral position, the power cut out, the machine coasted, and Wankier lost control of it. The machine drove into a conveyor belt, and Wankier sustained severe and permanent injuries to her leg.
