A 44-year-old forklift operator who lost his right leg while working on a TCM forklift has lost a lawsuit against the forklift manufacturer and its distributors.

Strongin, Rothman & Abrams, the law firm that represented TCM Manufacturing USA Inc, Mitsui Machinery Distribution Inc and Acculift Inc, said in a press release that the jury was unanimous in its decision.

"The defendants were successful in proving the accident was caused by the fault of no one but the plaintiff," the statement said.

Benvenito Marte Ozoria had his right leg amputated after being hit by the forklift at Urban Foundations Engineering, in Queens, New York, on December 12, 2003.

In a two-week trial at the New York State Supreme Court, Ozoria claimed the forklift's park brake failed because it was capable of being placed in a "false brake" position.

Ozoria's expert witness Dr Robert Ehrlich testified that the hand brake was capable of being pulled back and released without retracting to the "off" position. It gave the operator the false impression it was engaged.

The defendants presented an accident reconstruction analysis and testimony by expert witness Dr John Johnson, TCM, Mitsui and Acculift representatives, and Ozoria's work supervisor. They introduced product literature to show Ozoria had failed to apply the park brake and follow forklift safety procedure when he parked the forklift on a slope, and that he failed to lower the forks to the ground and tilt the mast forward. The defendants successfully proved the forklift was properly tested and inspected.