Facts

In 1997, plaintiff Billy Collins, a 49-year-old truck driver, was operating a Navistar model 8200 tractor on Interstate 5 in the area of Shimizu Drive, Stockon when a minor individual threw concrete from a levee at the tractor, smashing through the windshield and hitting Collins in the head.

Collins sued numerous entities, most of which were dismissed voluntarily or through summary judgment.

The lawsuit proceeded to trial against the state of California (Caltrans) and Navistar Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that the state was liable for defective and dangerous highway design because it did not surround the highway with a fence. Plaintiff further alleged products liability based on defective design against Navistar. He contended the rake angle of the tractor's windshield was too vertical; that the concrete rock would not have penetrated the windshield had it been sloped more horizontally.

DEFENDANTS' CONTENTIONS:
The state of California claimed that the highway's condition was not dangerous and that it was not put on notice of any prior accidents at this particular location.

Navistar contended that the truck was not defective; that the minor individual's conduct was an unforeseeable event; and that the windshield's slope would not have prevented said unforeseeable event.

Settlement Discussions

Plaintiff demanded $22,500,000 (C.C.P. 998). Defendants made no offer.

Specials in Evidence

$3 million $1 million

Damages

Unspecified damages for pain and suffering.

Injuries

Plaintiff suffered brain damage and has since been in a vegetative state.

Result

The trial was bifurcated as to liability and damages. The jury returned a defense verdict on the issue of liability, finding that the highway was not dangerous and that the throwing of the concrete rock was not reasonably foreseeable. Thus, the issue of damages was not addressed.

Other Information

Plaintiff moved for a new trial, which was denied. Defendants have filed motions for costs.

Deliberation

two days

Poll

9-3 (on California), 11-1 (on Navistar Inc.)

Length

nine weeks