An appeals court has rejected a forklift driver's contention that a Crown product defect resulted in him losing a leg.

In July 1999, Juan Costilla was operating a Crown 35RR stand-up reach truck at a Dallas car engine facility when it fell off a loading dock.

Costilla sued Crown Equipment Corp for an alleged product defect, and a jury trial in the Dallas County District Court began in March 2003.

Costilla maintained that a door on the machine would have prevented the injury, but was unable to prove that a safer alternative design existed for the narrow-aisle reach truck.

In court, Crown submitted two government recommendations that an operator of that type of stand-up vehicle should step backwards if a tip over occurred. A door at the back would prevent a driver from stepping backwards and be inconsist with driver training for the equipment.

An Occupational Safety & Health Administration (OSHA) regulation and a National Institute for Occupational Safety & Health (NIOSH) alert documented the correct operating practice, and supported Crown's position.

In its April 18, 2003, verdict, the jury found the forklift design was not defective and that Costilla had been negligent. The Dallas Court of Appeals last month affirmed the trial decision and found Crown's use of the OSHA and NIOSH evidence and a Crown expert's testimony were relevant in the case.

"We are not aware of any further filings in the case since publication of the decision of the Court of Appeals," said Crown vice president and general counsel John Maxa.