Portable Toilet Products Liability Case Ends in Accord
Adams v. Poly-San $5 Million Settlement
"The discovery in this case has established that the unit was pushed over by Weller after the unit was in a rocking motion caused when it was hit by Grater's pick-up truck when it backed up," the defense filing said, relying on the Pennsylvania Supreme Court's 2012 ruling in Reott v. Asia Trend, which held that "highly reckless" conduct is an affirmative defense in products liability cases, requiring defendants to show that a plaintiff's highly reckless conduct was the sole or superseding cause of the plaintiff's injuries.
The defense argued in the filing that the accident in Adams would not have happened had it not been for the conduct of Grater and Weller.
Ultimately, the parties settled the case for a total of $5 million on Jan. 31.
Counsel for the plaintiffs, Jeffrey P. Goodman and Robert J. Mongeluzzi, said the settlement released all four defendants but it was unclear how payment of the $5 million would be split between them.
Counsel for Grater, Michael A. Giannetta, said his client tendered a motor vehicle insurance policy worth around $25,000 early in the case.
Counsel for Lewis Crawford, Joseph F. Van Horn Jr., declined to comment.
Counsel for Weller, John Solt, also declined to comment.
Counsel for Poly-San, Benjamin A. Nicolosi Jr., could not be reached for comment at press time.
— Zack Needles, of the Law Weekly