Chula Vista Elementary School District, Millcreek Manufacturing Company v. C.R. Jaeschke Inc., Carlton-Bates Company, Cherry Electrical Products, Excel Industries Inc., Gearmore Inc., Grammar Inc., Hustler Turf Equipment Inc., Manufacturer's Diversified Services, Masons Saw and Lawnmower Service Inc., Newark Corporation
Published: Oct. 6, 2012 | Result Date: Jun. 7, 2012 | Filing Date: Jan. 1, 1900 |Case number: 37-2008-00079721-CU-PO-CTL Verdict – Defense
Court
San Diego Superior
Attorneys
Plaintiff
David T. Mara
(Mara Law Firm PC)
William D. Turley
(Turley Law Firm PC)
Defendant
Robert W. Harrison
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Patrick J. Kearns
(Wilson, Elser, Moskowitz, Edelman & Dicker)
Experts
Plaintiff
Laura Fuchs Dolan
(technical)
Amy Magnusson
(technical)
Richard D. Jones
(Jones Mayer)
(technical)
Jeffrey Ketchman
(technical)
Michael A. Lobatz
(medical)
Defendant
Roman R. Beyer
(technical)
Mack A. Quan
(technical)
Facts
The case involved an accident stemming from plaintiff Arthur Fernandez's use of a commercial tractor/mower. Defendant manufactured the seat which was installed on the subject tractor and which contained an operator presence "seat switch," a primary issue in the case. Plaintiff was seriously injured when he was ejected from the tractor seat and run over by his vehicle while aerating a sports field, one of his duties as an employee of a San Diego School District. The "safety interlock system" on the tractor was designed to shut off power to the engine if the operator left the seat and the machine was in drive mode or there was power to an attachment. On the day of the accident, the tractor continued to operate and move forward despite plaintiff's ejection from the seat and ran over him causing substantial injuries.
Plaintiff brought this action for manufacturing defect with respect to the seat switch and strict product liability as well as design defect with respect to the lack of a seat belt.
In addition to bringing suit against the seat manufacturer, plaintiff also sued the manufacturer of the tractor, the dealership where the tractor was purchased, the manufacturer of the aerator and various manufacturers of the electrical components.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged the safety system, including the seat switch in the seat, was defective and caused the accident. He also alleged that the failure of the tractor to have a seat belt, an optional feature on the seats, was a design defect.
Damages
The plaintiff asked the jury for approximately $3.6 million in economic damages and a total of $40 million in non-economic damages.
Result
Defense verdict on both counts.
Deliberation
five hours
Poll
10-2
Length
3.5 weeks
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