Facts

On Oct. 1, 2007, Chris Beintker, a 52-year-old mechanic, was killed in an accident involving a trailer. On the day of the accident, Brian Avery transported a vehicle to Beintker's shop on a Sloan's Kwik Load Trailer. The Kwik Load is manufactured by Sloan's Kwik Load Inc., and distributed by Jacobsen Trailer Inc. The trailer contains a bed that rolls off of the chassis to form a ramp, and requires the release of a latch to disconnect the bed from the chassis to allow it to roll.

Because the Kwik Load was parked at a two degree slope, and the latch was nearly impossible for one man to release at such a slope, Beintker was forced to release a hand brake that would ordinarily immobilize the chassis to loosen the binding of the latch, move the trailer to loosen the bind on the latch, and go underneath the trailer to strike a pin to release the bed from the chassis. This resulted in the chassis slamming forward suddenly in the opposite direction that the ramp would have been moved, causing the bed to form a ramp and crush Beintker.

PLAINTIFF'S CONTENTIONS:
The plaintiffs alleged that Jacobsen Trailer failed to provide adequate warnings, and that the product was designed defectively. They claimed that although the product warned of risk of serious injury or death, it did not contain warnings that explained how to use the product to avoid injury. The plaintiffs also claimed Avery was negligent because he wore down the brake by leaving it on while driving, and did not assist Beintker in unloading the vehicle.

DEFENDANT'S CONTENTIONS:
The defendants argued that the trailer was safe under normal operating conditions, and that there was substantial comparative fault on the part of Beintker.

Damages

The plaintiffs requested $650,000 for decedent's lost income, $10,000 for funeral expenses and non-economic damages.

Injuries

The plaintiffs claimed that they suffered lost income as a result of decedent's death and non-economic damages.

Result

The parties settled the suit, with Jacobsen Trailer paying $1.25 million, and Avery paying $35,000.