Rather than further litigating, Crown Equipment Corp has settled a lawsuit resulting from a forklift-related death and paid the operator's widow USD1.85 million, including pre-judgement and post-judgement interest and legal costs.

"A satisfaction of judgement was filed (with the court), and the client (Claire Brown) can go on with her life," her attorney, Terrance Garmey, of Portland, Maine, says in a statement. The payment was received on April 2.

The Crown law department says: "Instead of pursuing a further appeal, which would have been basically to the same court and most likely futile, the case was settled."

Thomas Brown was asphyxiated on August 1, 2003, at Prime Tanning Co Inc, in Berwick, as he moved chemicals in a storage area. His chest was compressed between a shelving unit and the dashboard of a 1989 Crown stand-up forklift. Prime Tanning was the forklift's third owner (Forkliftaction.com News #396).

Crown says: "Our long-standing commitment to designing and building the safest lift trucks won't be affected by this result. It is important to remember this jury did not find the Crown truck defective." The trial jury, in Portland, Maine, found the Crown design safe but made an award because of Crown's post-sale failure to warn a subsequent owner of the equipment. An appeals court in Boston upheld the verdict against Crown.

"Crown certainly sympathises with the Brown family's loss as a result of Mr Brown's accident," the forklift manufacturer says. "As to their lawsuit, all Crown asked for was a fair opportunity to defend the post-sale failure-to-warn claim under the correct law. That did not happen."

John Maxa, vice president and general counsel for New Bremen, Ohio-based Crown, says: "We feel in this particular case the courts let the system down."