Facts

Defendant Mack Trucks, Inc. manufactured a Model 2000 RD 690S tractor and chassis (an incomplete vehicle) which was sold to a McNeilus Truck and Manufacturing, Inc. McNeilus mated Mack's tractor and chassis to a concrete mixer drum to produce the final product, a concrete mixer truck with a 10 cubic yard capacity.

On January 28, 2004, the decedent, 36-year-old Daniel Banuet, was operating the subject concrete mixer truck eastbound on Interstate 210 after having fully loaded it. When fully loaded, the truck and its payload weighed almost 70,000 pounds. He was en route to a construction project in Rancho Cucamonga and got off the freeway at the Day Creek off ramp. He made a right turn at the end of the off ramp at which time the truck tipped over onto the driver side. On impact the left side of Banuet's head struck the roof rail portion of the interior of the cab and sustained a fatal brain injury. He died instantly.

Plaintiffs, the surviving wife and 2 young children of the decedent, filed suit against Mack and McNeilus. McNeilus settled with plaintiffs shortly before trial.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the interior of the cab did not incorporate adequate cushioning to protect cab occupants from serious injury, especially head injuries, in the event of a rollover-type accident. Plaintiffs sought to prove their decedent's head struck the roof rail on impact and suffered a fatal head/brain injury. According to their expert, if Mack's design had incorporated cushioning material in the roof rail area (just above the upper portion of the door frame), the decedent would not have suffered a serious head injury.

DEFENDANT'S CONTENTIONS:
Mack contended that the decedent misused the product by negotiating the right turn at the end of the freeway off ramp at an excessive and reckless speed, thereby causing the truck to roll over. Mack argued that the decedent treated the truck as if it was a racing vehicle, which constituted legal misuse.

Mack's experts testified the design of the subject cab and chassis was safe and the benefits of the design outweighed the risks. Mack does not manufacture a stock vehicle because its trucks are custom designed in accordance with requests by customers. The design will vary depending upon the ultimate applications and the locale where the truck will be used. Redesigning the cab interior in accordance with the design advocated by plaintiffs' experts would be costly. Accordingly, there was not a feasible design alternative. Mack also contended the design of the product was not the proximate cause or a substantial factor in bringing about Banuet's fatal head injury.

Settlement Discussions

Plaintiffs' initial demand at mediation was $2 million. Their demand was lowered to $750,000 at trial. Plaintiffs rejected Mack's pre-trial offer of $375,000.

Injuries

Plaintiffs suffered the death of the decedent.

Result

The jury returned a verdict for the defense.

Other Information

Plaintiffs' cause of action and prayer for punitive damages were dismissed on motion for summary adjudication. Plaintiffs' motion for new trial and/or motion for judgment nothwithstanding the verdict were denied on August 30, 2010. FILING DATE: April 25, 2005.

Deliberation

three days

Length

15 days