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McHugh v. Proctor & Gamble Paper Products Co.

Judgment in favor of defendant vacated because court erred in denying plaintiff's challenges for cause relating to four jurors who worked for defendant and a fifth juror, the father-in-law of the defendant's in-court representative, who admitted he was not sure he could be impartial.

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J. A51015/00

� 1 Appellant John McHugh, Jr. (“McHugh”) appeals from the Judgment entered by the trial court, in favor of Appellee Proctor & Gamble Paper Products Company (“Proctor & Gamble”). McHugh claims that the trial court abused its discretion during the jury selection process by denying his challenges for cause. We agree with this contention, and believe that if ever a case cried out for a new trial, this case surely does so. Accordingly, we vacate the Judgment and remand for further proceedings.

� 2 This appeal derives from a personal injury action instituted by McHugh against Proctor & Gamble. McHugh was employed by Hydro Clean Tek (“Hydro”). Hydro often contracted with Proctor & Gamble to clean large industrial equipment in Proctor & Gamble’s paper pulp mill, located in Mehoopany, Pennsylvania (the “Mehoopany plant”). On July 3, 1993, McHugh was working at the Mehoopany plant cleaning a brown stock washer. In order to clean the washer, McHugh stood on a scaffold, erected inside of the washer. The scaffold was designed, constructed and supplied by Proctor & Gamble, for use by Hydro’s employees. When McHugh stepped on the scaffold, the scaffold collapsed and McHugh fell to the ground. As a result of this fall, McHugh suffered severe knee and ligament injuries.

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