Toyota Industrial Equipment Manufacturing Inc (TIEM) has lost an appeal in a 2003 forklift injury case involving a perceived design flaw. A USD1.8 million jury award was affirmed.

A California state court of appeal in San Francisco rejected TIEM arguments that plaintiff Eugenio Paul Feliciano, the injured forklift driver, should have proven the availability of a safer design for TIEM's system-of-active-stability suspension mechanism. The device applies more lateral force on forklift tyres than a conventional design, according to court testimony.

In January 2005, a tyre on a Toyota Series-7 forklift split, the machine toppled over and Feliciano's leg was crushed.

TIEM manufactures Toyota forklifts in Columbus, Indiana.

In March 2005, the jury returned a split verdict, nine-three, in concluding the trial before Judge Carol Mittlesteadt in San Mateo County Superior Court in Redwood City, California. The award was intended to reimburse Feliciano for lost wages, medical expenses and pain and suffering.

During 2007, the appellate panel heard arguments on 12 June, affirmed the judgment on 13 July and closed the case on 13 September, according to the Judicial Council of California.

At the appeal court level, San Jose, California, attorneys Byron Foster and Mark Freschi represented Feliciano. Dean Bochner of Encino, California and Kurt Geske of San Jose represented TIEM, filing the appeal in May 2005. Ronald Bushner of San Francisco represented another defendant, Sumitomo Rubber Industries Ltd.

Attorneys for TIEM declined an opportunity this week to comment on the case.