Lawyers from Beasley, Allen, Crow, Methvin, Portis, and Miles, P.C., have filed a class action lawsuit on behalf of owners or lessees of vehicles equipped with an aerial device or aerial work platform manufactured by Terex Corporation. The complaint, filed on behalf of Plaintiff Ace Tree Surgery, Inc., alleges the aerial platform – often mounted onto vehicles such as a commercial truck chassis and sometimes referred to as a “cherry picker” or “bucket truck” – is defectively designed.

The complaint alleges a particular brand and model line of Terex Hi-Ranger XT Series dos not meet the standard for aerial devices, which could result in catastrophic failure resulting in serious injury or death to users and bystanders resulting from falls and impact with equipment. The Class Action lawsuit asserts Terex was aware its product did not meet legally required safety minimums but falsely claimed the product met all standards and sold the product as such, resulting in economic losses for the Plaintiff and class members.

“There is no excuse for compromising safety and this class action seeks to ensure that those using these bucket trucks are using a safe product,” W. Daniel “Dee” Miles, III, Beasley Allen principal and head of the firm’s Consumer Fraud section said.

The American National Standards Institute (ANSI) dictates that vehicle mounted elevating and rotating work platforms meet a structural design requirement that design stress is not more than 50 percent of the minimum yield strength of the steel, or a “two to one” / “2:1” safety factor. The minimum yield strength is the amount of force that must be applied to permanently deform the steel. If the platform does not meet this requirement, the steel may deform and fail, leading to worker and equipment falls with catastrophic results.

The Plaintiff, individually and on behalf of other members of the Class, seeks economic damages for replacement of the Hi-Ranger XT, damage to vehicles on which the Hi-Ranger XT are mounted, and injunctive relief. The complaint is Ace Tree Surgery, Inc. v. Terex Corporation, 3:15-cv-01120, filed in the U.S. District Court for the District of Connecticut. Counsel for the Proposed Class are Beasley Allen Dee Miles, Archie I. Grubb and Andrew Brashier; Kathleen L. Nastri of the firm Koskoff, Koskoff & Beider, PC, in Bridgeport, Conn.; and Adam J. Levitt and Edmund S. Aronowitz of Grant & Eisenhofer, P.A., in Chicago, Ill.

Read the complaint.



We're here to help!

We live by our creed of "helping those who need it most" and have helped thousands of clients get the justice they desperately needed and deserved. If you feel you have a case or just have questions please contact us for a free consultation. There is no risk and no fees unless we win for you.

Fields marked    may be required for submission.
  1. I'm an attorney

Beasley Allen sues Intel over “Meltdown” security...

Lawyers from Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., have filed a federal lawsuit...

Alteryx data breach exposed information of nearly...

Alteryx, a cloud-based marketing and analytics firm, left a database containing the personal information...

Don’t let fraud scams leave you 'Scrooged' this...

As scammers, who obviously don’t mind being on the “naughty list” this holiday season, have grown...
Wells Fargo Fraud

Wells Fargo admits to charging customers for...

Beasley Allen is representing those individuals who fell victim to the companies’ conduct in a class...
Data Breach

Anthem data breach litigation settles for...

Anthem Inc. announced it had agreed to a settlement over its 2015 data breach, which is estimated to...

Beasley Allen appointed to Plaintiffs Steering...

U.S. District Judge Edward Chen has appointed Beasley Allen attorney W. Daniel “Dee” Miles, III, to...

Best firm by far

Our case was handled with the utmost integrity and professionalism. If I could give them 10 stars, I would. This is the best legal firm I have ever dealt with by far.

—Pat