Facts

On Feb. 11, 2003, the plaintiff, a 45-year-old, married with four children, and a 17-year refuse collector, was hit in the back of the neck by a 500-pound refuse container that accidentally slipped off the forks of a front loading refuse truck when the plaintiff's co-employee helper misjudged and overcorrected the controls of the forks when the container was over six feet in the air. This resulted in the container slipping off the forks and hitting the plaintiff who was about 10-to-12 feet away. Amrep Inc. manufactured the loading refuse truck.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the front loader had a design defect in that it allowed an unsecured heavy load to come off the forks when it was overhead. The plaintiff claimed that there was technologically feasible design alternatives that could have prevented the accident, such as automatic fork leveling, fork hooks, a grabber, or increasing the coefficient of the forks to prevent slipping when forks were below horizontal.

DEFENDANT'S CONTENTIONS:
The defendant contended that the accident was the sole fault of the plaintiff for not being attentive and being in a position where he could be hit by the load and the co-employee for not properly operating the fork controls and that the design alternatives were not practical.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $750,000; the defendant offered $150,000.

Injuries

The plaintiff sustained a C-1 Jefferson fracture necessitating a three-level fusion of the cervical spine. The plaintiff claimed total disability.

Other Information

The defendant was found 30 percent at fault and employer was found 20 percent at fault. The plaintiff was awarded $195,000 for costs and interest pursuant to C.C.P. Section 998. The defendant filed motions for new trial and judgment notwithstanding the verdict.

Deliberation

one day

Poll

9-3 (liability on design defect), 12-0 (damages)

Length

12 days