Portable Toilet Products Liability Case Ends in Accord
Adams v. Poly-San $5 Million Settlement
Adams alleged in the memorandum that Poly-San was negligent for failing to provide ground-spikes with the unit, despite the fact that the base includes holes for such spikes.
According to the plaintiffs' memorandum, Henry Davis, a corporate designee for Poly-San, admitted in a deposition that, by failing to provide stakes, the company did not supply users with every piece of equipment necessary to stabilize the portable toilet unit.
Adams also alleged in the memorandum that Poly-San was negligent for building the portable toilet unit with "an excessively light base, made of plastic and weighing about 40 pounds, giving the unit a high center of gravity and making it prone to tipping.
According to the plaintiffs' memorandum, Poly-San sold a heavier plastic base at about double the price.
Davis testified at deposition that the heavier base weighed somewhere between 110 and 130 pounds, according to the plaintiffs' memorandum.
Adams further alleged in the memorandum that Crawford was negligent for installing the unit on the side of a hill, at a 14-degree angle, and propping it up with wood to make it level.
At deposition, Crawford's son, Clifford Crawford, testified that he had been aware of other instances where portable toilet units were tipped over and said he had been worried about the angle at which the unit that injured Adams had been installed, according to the plaintiffs' memorandum.
In addition, Adams alleged in the memorandum that Lewis Crawford was negligent for failing to stake the unit into the ground.
"Crawford's decision to place the PTU on the side of a hill, prop it with lumber, and not stake into the ground resulted in the unit being unsafe and unstable," the plaintiffs' memorandum said.
Lewis Crawford filed an amended answer to the complaint and a cross-claim against Grater and Weller, which Poly-San joined, alleging that Grater and Weller were solely responsible for Adams' injuries.