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Emily Ruby Wins Historic Appeal - Camacho Vs. JLG Industries

Posted by Emily Ruby | Jul 28, 2023 | 0 Comments

Camacho Appeal

Congratulations to our firm owner for winning a historic appeal! This successful appeal not only allows her client to pursue much-needed compensation, but opens the door for other injured victims in similar circumstances to do the same.
Read more about the appeal below:
“Appeal from a judgment and order of the Superior Court of Orange County, Robert J. Moss, Judge. Reversed.
Raul Camacho was installing glass panels when he fell out of a scissor lift manufactured by JLG Industries Inc. (JLG). Camacho failed to latch a chain that was designed to guard the lift's entrance. Camacho sued JLG for strict products liability, failure to warn, and related claims.
At a jury trial, Camacho alleged the scissor lift as designed with the chain invited human error, and the foreseeable risk of harm could have been avoided if JLG had marketed only its alternative design with a self-closing gate. Camacho also alleged there was a defective warning label on the lift. At the close of evidence, JLG moved for a directed verdict. The trial court granted the motion. The court ruled in order to show causation Camacho needed to prove if the chain been latched, “the accident would have happened anyway.” We disagree.
We reverse the judgment and order the trial court to vacate its order granting a directed verdict as to Camacho's causes of action.. Camacho is entitled to recover his costs on appeal.
We find Camacho made a prima facie showing of causation. Based largely on the photographs, it appears the scissor lift as designed with the chain was a substantial factor in causing Camacho's injuries. That is, the jury could have reasonably inferred that had a self-closing gate been in place, Camacho's fall would have been prevented. Of course, we are uncertain how the jurors would have ultimately decided the issue, but they should have been permitted to do so. (See Campbell v. General Motors Corp. (1982) 32 Cal.3d 112, 120 (Campbell) [“Unless very unusual circumstances exist, this type of claim presents a factual issue which can only be resolved by the trier of fact”].) We also find the jurors could have reasonably inferred JLG's allegedly defective warning label was also a substantial factor in causing Camacho's injuries. Thus, we reverse the judgment and direct the trial court to vacate its order granting JLG's motion for a directed verdict.”

Why This Appeal Matters

Winning an appeal for a case about defective equipment injuries is crucial for others injured by defective equipment for several reasons:

Legal Precedent: The outcome of an appeal sets a legal precedent that can be used as a reference point for future cases involving similar circumstances. If the appeal results in a favorable judgment for the injured party, it establishes a strong legal foundation for others seeking compensation for injuries caused by defective equipment. This precedent can be influential in shaping the decisions of courts and encouraging more favorable judgments for victims in similar cases.

Deterrence: A successful appeal can send a strong message to manufacturers and companies that produce or distribute defective equipment. It serves as a deterrent, warning them that negligence in ensuring product safety could lead to legal consequences and financial liabilities. This increased vigilance may lead companies to be more cautious in designing, manufacturing, and testing their products, ultimately reducing the likelihood of future injuries caused by faulty equipment.

Access to Justice: If the appeal results in a positive outcome for the injured party, it can help establish a clearer path to justice for others who have suffered similar injuries due to defective equipment. This means that victims may be more likely to pursue legal action knowing that there is a precedent for successful outcomes. Improved access to justice can empower injured individuals and their legal representatives to take on large corporations and hold them accountable for their actions or negligence.

Compensation and Damages: Winning an appeal may lead to a higher likelihood of obtaining fair compensation and damages for the injured party and their families. Compensation can help cover medical expenses, lost wages, rehabilitation costs, pain and suffering, and other damages resulting from the injuries caused by the defective equipment. When successful, an appeal can reinforce the message that victims should receive appropriate compensation for the harm they have suffered, which benefits not only the individuals involved but also the wider community.

Public Safety Awareness: High-profile cases involving defective equipment injuries can raise public awareness about product safety issues. Media coverage and discussions around such cases can highlight the importance of consumer protection, product testing, and corporate accountability. This heightened awareness can lead to increased demands for stricter regulations and standards in product safety, ensuring that dangerous products are identified and removed from the market more efficiently.

In summary, winning an appeal for a case about defective equipment injuries can have far-reaching implications beyond the immediate parties involved. It can create a safer environment for consumers, encourage manufacturers to prioritize safety, and establish legal precedents that support the rights of victims and their families.
We are proud to stay true to our mission of holding wrongdoers accountable and making the world a safer place, and honored to have a trailblazer such as attorney Emily Ruby leading the way.

About the Author

Emily Ruby

2022 "Women in Law" Award Winner, Emily Ruby, specializes in complex cases, many of which involve catastrophic injuries and deaths. Mrs. Ruby has personally obtained more than $100 Million in compensation for her clients with an impressive 97.4% success rate and is a graduate of the prestigious CAALA Trial Academy. She was selected as one of Forbes' Best Wrongful Death Lawyers and is a writer for Advocate Magazine.


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