On November 19, 2025, the founding partners, Andrew LeRoy and Jose Bautista, of Bautista LeRoy LLC, argued in front of the Missouri Supreme Court.
Bautista LeRoy LLC represented a client who was injured while operating a stand-up forklift. Three weeks prior to trial, the trial judge struck the Plaintiff's engineering expert and granted summary judgment. For the last two years, Bautista LeRoy LLC has been fighting to get this case back to trial.
After winning their appeal to the Missouri Western District Court of Appeals earlier this year, the Defendant Crown Equipment Corporation appealed the ruling to the Missouri Supreme Court. This led to the oral argument that took place on November 19, 2026, in Jefferson City, Missouri.
Background of the Case
On August 25, 2016, Hanshaw was operating a Crown RC5500 stand-up
forklift. The RC5500 is a “side-stance” forklift, in which the operator stands
facing to the left, perpendicular to the direction of travel.
The operator compartment of Crown's forklift is enclosed on three sides,
but is open toward the rear of the forklift, where the operator's left leg is
positioned.
Although Crown had previously supplied Ford Motor Company with side-stance forklifts with a door fully enclosing the operator compartment, the forklift Hanshaw was operating was not equipped with any type of door on its rear-facing side.
Crown contends that the addition of a rear door on the forklift
would increase the risk of injury, because a door would prevent the forklift's
operator from quickly exiting from the operator compartment in the event the forklift were to tip over, or fall off a loading dock (what are known as “stability” accidents). Bautista LeRoy LLC contends that the door would have prevented this injury.
Plaintiff hired an expert Ben Railsback, who is a mechanical engineer. Mr. Railsback has conducted studies and written peer reviewed papers opining that the door was a safer design.
Trial Court's Ruling
On June 5, 2023, the Jackson County trial court ruled that Mr. Railsback was not qualified to give his opinion that the standup forklift as designed without the door was unreasonably dangerous.
Plaintiff appealed arguing that the Judge made this decision on her own instead of letting a jury hear Railsback opinions and let the jury determine his credibility.
The argument in front of the Supreme Court is whether the judge abused her power, ignored Railsback's qualifications and papers; and not letting the case go to a jury.
Congratulations to Andrew LeRoy and Jose Bautista on a hard-fought effort to achieve justice for your clients!


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