Facts

On Sept. 28, 2011, Carlos Amezcua, a foreman with Davey Tree Surgery, was killed when a leveling chain snapped on the aerial lift he was operating in Monterey, causing him to fall 40 feet to his death.

His surviving widow and adult children filed a wrongful death lawsuit against The Davey Tree Expert Co., Hydra-Tech Inc., Hitachi Maxco Ltd., Altec Industries Inc., Bay Hydraulics Inc., Specialty Truck Parts Inc., and All Cal Equipment Services Inc.

All parties settled out prior to trial with the exception of All-Cal.

PLAINTIFFS' CONTENTIONS: Plaintiff claimed All-Cal failed to adequately inspect and maintain the leveling chain.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations and asserted various affirmative defenses.

Specials in Evidence

Future LOE: $1.8 million

Result

Defense verdict as to All Cal Equipment.

Deliberation

one hour

Poll

12-0

Length

two weeks