Confidential
Settlement – $3,750,000Court
Alameda Superior
Attorneys
Plaintiff
Defendant
Paul D. Caleo
(Gordon & Rees LLP)
Experts
Plaintiff
Lynn E. Ponton
(medical)
Donald O. Cox
(technical)
Glen R. Stevick Ph.D., PE
(technical)
Joanna Moss
(technical)
Defendant
William H. Woodruff
(technical)
Neil Robinson
(technical)
Roman R. Beyer
(technical)
Mark H. Strassberg M.D.
(medical)
Thomas W. Rodgers
(medical)
Phillip H. Allman III, Ph.D.
(technical)
Facts
ACCORDING TO THE PLAINTIFF: On Jan. 29, 2002, the decedent, a 32-year-old active service with the U.S. Navy, was replacing the rear axle of his pickup truck in the driveway of his home. While he was working underneath, the vehicle was supported by a pair of three-legged jack stands manufactured by the defendant. These jack stands had a rated capacity of 4,000 pounds and the weight of the section of the vehicle resting on the jack was approximately 2,000 pounds. Nevertheless, one of the legs on the jack stand supporting the passenger's side of the vehicle buckled, causing the vehicle to collapse onto the decedent, resulting in his death by asphyxiation. His body was found by his spouse. These same jack stands had been the subject of an earlier recall campaign because of prior complaints of legs buckling in a similar fashion. The jack stands were manufactured after the recall, however, only minimal changes had been made to the design. ACCORDING TO THE DEFENDANT: The defendant contended that this accident was unrelated to the jack stand's design. The defense conducted a reconstruction of the decedent's accident using an exemplar vehicle and exemplar jack stand and were able to recreate the circumstances of the incident. The reconstruction showed that the accident occurred because the decedent placed the jack stands in the wrong position underneath the vehicle and failed to adequately chock the front wheels of the vehicle in direct contravention to the written use instructions included with the product, as well as the warnings placed on the jack stands themselves. The decedent's work underneath the vehicle caused it to shift and began moving on top of the jack stands until the vehicle came off the jack stands onto the decedent. The buckling of the jack stand occurred at the end of the sequence of the accident and was completely unrelated to what caused the vehicle to come of the jack stands. The jack stands involved in this accident were manufactured after a voluntary safety campaign conducted by the defendant company and incorporated design changes which brought the product into compliance with the existing manufacturing and use standards.
Specials in Evidence
$2,064,000
Damages
The survivors, a spouse and two children have undergone extensive psychotherapy and grief counseling.
Other Information
The case was settled at a mediation session before William L. Bettinelli.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390