Facts

On Feb. 14, 2005, plaintiff Donson Brewer, a 35-year-old steelworker, was working at a job site in Fresno, trying to adjust the forks on the mast assembly attachment of a JLG Gradall G9-43A Extended Reach Rough Terrain Fork Lift when the 592-pound attachment came loose and fell on top of him, pinning him to the ground. Brewer's co-workers lifted the assembly off of him.

Brewer filed suit against the fork lift's Modesto-based distributor, California High Reach & Equipment Rental for negligent maintenance of the fork lift.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the quick-release locking pin that held the mast assembly in place had come loose because the pin that defendant had provided was not approved by the manufacturer for this fork lift, so it did not lock and came loose, causing the assembly to fall. Counsel contended the fork lift was delivered to the job site with a pin that wasn't properly fitted.

DEFENDANT'S CONTENTIONS:
The defendant did not dispute that the locking pin it had provided was not the type supplied by the manufacturer with that particular fork lift, but denied that the pin was the cause of the accident. It argued that the mast attachments had been changed at least once during the time the fork lift had been at the job site, and that plaintiff had failed to walk around the equipment as he had been trained to do by his employer. The employer did not comply with OSHA regulations. It claimed that plaintiff had been reckless, which led to the accident's occurrence.

Defendant further contended that plaintiff's injuries should have healed within 10 weeks of the accident. It proposed $11,802 in past lost earnings and $8,421 in past medical damages as appropriate amounts for compensation if defendant were found negligent.

Settlement Discussions

The plaintiff demanded $250,000. The defendant offered $125,000 plus waiver of a $57,343 worker's compensation lien.

Specials in Evidence

$34,500 in medical costs and physical therapy. Defense counsel proposed $8,421 were more appropriate amounts should the jury determine California High Reach's negligence caused his injuries. The plaintiff claimed that he was unable to work for six months and then returned to work on a restricted basis for 8 months. The plaintiff then claimed his injuries had not healed properly, was taken off work by his doctor and did not return to work until after the trial date, when his employer created a special job for plaintiff. He sought $82,453 in past lost earnings and $2,259 in past lost benefits.

Damages

The plaintiff sought $650,000 in past and future pain and suffering damages.

Injuries

The plaintiff sustained soft-tissue injuries to his neck, back, hip and shoulder with a series of epidural injections to his lower back. Defense's expert opined that Brewer's soft tissue injuries should have healed within ten weeks of the accident.

Result

The jury found that defendant's negligence was not a cause of the accident and therefore was not liable for any damages.

Other Information

The plaintiff also filed a products liability suit against Gradall, but that claim was dismissed prior to trial. The plaintiff's motions for a JNOV and a new trial were denied. The defendant was awarded $83,115 in costs. Plaintiff is filing an appeal based on improper jury instructions by the judge and other legal issues. Defendant's insurer: Zurich Insurance Company.

Deliberation

6 hours

Poll

10-2 (defendant was negligent); 9-3 (defendant did not cause)

Length

16 days