James Baker and Dianne Pollock v. Peterbilt Motors Company
Published: May 13, 2000 | Result Date: Apr. 9, 2000 | Filing Date: Jan. 1, 1900 |Case number: SCV35544 Verdict – $0
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Gregory J. Owen
(Owen, Patterson & Owen)
Robert H. Tyler
(Tyler & Bursch LLP)
Defendant
Friedrich W. Seitz
(Murchison & Cumming LLP)
Experts
Plaintiff
Gary Hanson
(technical)
Defendant
Gary I. Fowler
(technical)
Facts
Plaintiff brought this products liability action for an alleged defect in a 1992 Peterbilt Motors Company
(PMC) conventional over-the-road commercial truck. The truck utilized as original equipment a telescoping
steering column designed and manufactured solely by Douglas Autotech Corporation (Autotech) and installed
by PMC.
On Aug. 2, 1991, PMC sold the truck to Norm PressleyÆs Truck Center Inc. (Pressley). PHD Penske Leasing,
as lessor, and Cal State Lumber, as lessee, purchased the truck from Pressley on Aug. 13, 1991. Cal State
Lumber resold the truck to Pressley on Feb. 16, 1995. Thereafter, Pressley sold the used truck to plaintiff Diana
Pollock, on May 16, 1995, with over 400,000 miles.
On Jan. 28, 1996, at approximately 11:40 a.m., plaintiff James Baker (driver) and Patrick OÆBryan (co-driver),
were traveling westbound on Interstate 40, near Hinton, Okla. in the truck. Messrs. Baker and OÆBryan were
returning to California on an interstate commercial trucking haul for their employer Pollock.
Traveling 60-65 mph, Baker moved into the left lane to pass a slower moving vehicle. While changing lanes,
the steering wheel and upper shaft came off in BakerÆs hands. The vehicle veered to the right, went off the road
and rolled onto its left side.
The design of the steering column by Autotech utilizes a 1/8 inch ball bearing in the column that slides inside a
5-inch groove in the upper steering shaft. The contact of the ball bearing or retaining ball with the ends of the
groove act as the limits to the columnÆs telescoping feature and prevents the steering column and upper shaft
from being pulled out of the column.
To operate the telescoping feature, the driver loosens a ring around the horn button, telescopes the column to
the desired position, and then tightens the ring. If the retaining ball is missing and the locking ring is not tight,
the operator can pull the steering wheel and upper shaft out of the column. Likewise, if the retaining ball is
missing and the locking ring is tight, the steering wheel and upper shaft will remain in position until the
locking ring is loosened.
It was undisputed that the retaining ball had to have been missing at the time of the accident or the steering
wheel and upper shaft could not have separated from the column. However, plaintiff James Baker contended he
was not adjusting the locking ring and steering column at the time of the accident. Peterbilt contended he had
to have loosened the locking ring and lifted up on the steering wheel or the shaft would have remained locked
into place.
The plaintiffsÆ complaints alleged causes of action for strict products liability, general negligence and breach of
implied warranty.
Settlement Discussions
Baker demanded $150,000 before trial. Pollock demanded $10,000 before trial, increased to $350,000 during trial. The defendant offered $15,000 to Baker and made a C.C.P. Section 998 offer of $1,000 to Pollock.
Specials in Evidence
$14,581 $100,000 $350,000
Damages
Pollock claimed to have suffered at least $40,000 in lost profits and she attributed the loss of her home and her eventual bankruptcy to the accident. Her home was foreclosed on when she could no longer make the mortgage payments due to the loss of income generated by her trucking business.
Injuries
Plaintiff Baker suffered upper back pain, numbness in his left hand and arm, a torn meniscus in his left knee (requiring surgery) and two broken ribs. BakerÆs present complaints are continuing left knee pain, numbness in the left hand and arm and occasional back pain. Baker contended his knee injury prevented him from continuing in his profession as a commercial truck driver.
Other Information
The plaintiff requested a trial de novo.
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