ST. LOUIS — A married couple is suing a car hauler and equipment manufacturer, citing alleged breach of implied warranty.
Gregory L. Burdess and Lisa Burdess filed a complaint on May 16 in the U.S. District Court for the Eastern District of Missouri against Cottrell Inc. alleging that the defendant failed its duty to design, lease, distribute, supply, test and manufacture rigs with due care for the safety of users.
According to the complaint, the plaintiffs allege that on April 26, 2013, while performing his normal work duties as a car hauler, Burdess was injured while operating rigs manufactured by the defendant. As a result, Burdess claims he suffered injuries and repetitive trauma, and his wife, plaintiff Lisa Burdess, has been deprived of the support and services of her husband.
The plaintiffs holds Cottrell responsible because the defendant allegedly failed to adequately test the rigs to ascertain whether the vehicle securement systems, hooks and idlers were reasonably safe; failed to modify the design to prevent injuries to users; and failed to supply adequate warnings to warn users of the dangers, hazards and defects of the equipment.
The plaintiffs seek judgment for a sum in excess of $75,000 for costs of suit and such other, further and different relief as is appropriate. They are represented by Brian M. Wendler and Angie Zinzilieta of Wendler Law, PC in Edwardsville, Illinois.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01515-JAR