Facts

The case involved claims based on strict products liability arising from a fatal commercial vehicle rollover accident. Plaintiffs' decedent suffered a cervical fracture resulting in quadriplegia prior to his death. The wrongful death plaintiffs asserted claims of design defect and failure to warn against the lessor of a 2000-gallon water tank truck.

Plaintiffs, who were the surviving family members of the decedent operator, filed suit, alleging design defect and failure to warn claims, and seeking $21,600,000 in damages.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the truck's water tank design was defective in design due to its rollover propensity; that the tank design failed to adequately control fluid movement and that water slosh caused the rollover; and that defendant failed to warn end users about the hazards.

DEFENDANT'S CONTENTIONS: Defendant argued that the decedent operator was unqualified to operate the vehicle and that the operator's excessive speed and dangerous driving maneuver caused the rollover. The defense also argued that the vehicle was not defective in its design under either the "consumer expectations" test or the "risk-benefit" analysis. Finally, Defendant argued that Plaintiffs' failure to warn claim also failed because ordinary users of the product knew of its hazards.

Damages

Plaintiffs claimed $21.6 million.

Result

The jury rendered a verdict in Defendant's favor, finding that water movement was not a contributing factor to the rollover and that the accident would have occurred even if the water was a static or "frozen" load.

Other Information

*Jury selection occurred during one week followed by a 3-4 week recess because of the judge's unavailability. The trial then resumed and lasted an additional 6 weeks.

Deliberation

45 minutes.

Poll

12-0.

Length

Seven weeks*