Facts

Louis Mocettini sued Kenworth Truck Co., a Division of PACCAR, Inc., in connection with a trucking incident. Mocettini's employer, Reliable Trucking, filed a motion to intervene.

PLAINTIFF'S CONTENTIONS:
Plaintiff, who worked for Reliable, drove a tractor-trailer manufactured by defendant. Plaintiff fell and injured his head as he attempted to dismount the cab of the truck. Plaintiff alleged that the truck was defectively designed and lacked adequate warnings. Particularly, plaintiff alleged that he fell when the grab handle used in mounting and dismounting the cab unexpectedly rotated as he was holding it. Plaintiff contended that the handle should not have rotated, but due to defectively designed mounting screws, it failed to properly attach the bar to the cab and caused the rotation. Plaintiff also contended that he and his employer were in compliance with all applicable industry safety standards.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff failed to use proper safety measures when entering and exiting the truck, and this failure was the proximate cause of plaintiff's injuries. Defendant also contended that the bar as designed was not defective, and noted that the design has been in use for over 28 years with no prior reports of similar injuries.

Defendant contended that the bar was poorly maintained and that Reliable had prior notice of the mounting screws being lose but failed to take any corrective measures. Defendant contended that plaintiff recovered from the injuries sustained in the fall, and that his residual impairments were unrelated to the injury.

Damages

Mocettini requested $2,474,148 in total damages for past medical costs, past and future loss of income, and past and future non-economic damages. Reliable requested $66,176 for post-salary continuation benefits. Its workers' compensation carrier sought to recover a $129,924 lien.

Injuries

Mocettini claimed he suffered a concussion and a brain injury that was considered to be traumatic. He received a year of cognitive therapy, but he was left with permanent cognitive problems including issues with his memory, focusing and concentration, and anger management. Plaintiff also claimed that he had been unable to return to work and was unlikely to ever return to work. Defendant presented evidence at trial that plaintiff had recovered from his injuries and was in fact able to return to work.

Result

The jury rendered a verdict in favor of the defendant manufacturer. The jury concluded that neither the grab handle nor its alleged failure to perform safely was a substantial factor in Mocettini's injuries. It also found Mocettini 90 percent liable for the accident and his employer 10 percent liable.

Deliberation

one day

Length

two weeks