Date: 01-21-2000

Case Style: Carolyn Black, Individually and as Administrator of the Estate of John Braden Black v. Ingersoll Equipment Company, Inc.; M&W Gear Company and Alamo Group, Inc.

Case Number: 98-CV-1666

Judge: Robin J. Cauthron

Court: United States District Court for the Western District of Oklahoma

Plaintiff's Attorney: Brent W. Pitt, Oklahoma City, Oklahoma; John Gehlhausen, Lamar, Colorado; and John M. Jameson, Enid, Oklahoma.

Defendant's Attorney: Michael S. McMillin and Dale Reneau of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Oklahoma for M&W Gear Company and Alamo Group, Inc.

Description: Products Liability - Wrongful Death - This was a wrongful death action brought by the Estate of John Braden Black and his widow, Carolyn Black, as a result of the death of her husband on September 1, 1998. Mr. Black was killed when a ditch embankment covered by high grass and weeds collapsed beneath his lawn tractor with mower attachment resulting in the tractor and mower rolling over on him and crushing him to death at the bottom of a 12' embankment.

The tractor and mower attachment was sold new to Mr. Black by M & W's dealer on September 3, 1991. At the time of the sale Defendant M & W Gear Company designed, certified and manufactured a toll over protective safety frame (ROPS) for the tractor. However, they made no efforts to advise the public of the existence of same or to market the ROPS. The dealer was even unaware of the existence of the ROPS safety frame for teh lawn tractors and mowers that he sold at that time. Consequently, he did not advise Mr. Black of their existence or the need for the same.

Plaintiffs' complaint was in strict liability based on Restatement of Torts 2nd 402(a). Plaintiffs contended that the defendants should have installed the safety frame on teh tractor mower as standard equipment or sold same as optional equipment. They did none of these.

Plaintiffs also claimed that the lawn tractor was defective and unreasonably dangerous because it lacked adequate instructions or warnings to dealers, owners and users about the existence and/or need for a ROPS safety frame. Plaintiffs claimed that John Black suffered enhanced injuries due to the lack of a ROPS safety frame.

Plaintiffs claimed damages for the following: (1) The loss of financial support of contributions of money to the wife of John Braden Black. Plaintiffs' economist testified that the economic losses ranged from $814,000.00 to $1,139,000.00. Defense cousel did not call an economist to rebut this testimony; (2) The grief of the surviving wife; (3) The loss of society, servies, companionship and marriage relationship of the wife; (4) The fear, pain and suffering of John Braden Black; (5) The burial expenses of $10,000; and (6) Punitive damages. The trial judge denied plaintiff's request for an instruction allowing the jury to consider awarding punitive damages.

Outcome: Plaintiff's verdict against M&W Gear Company and Alamo Group, Inc. in the amount of $2.5 million.

Plaintiff's Experts: John B. Sevart, P.E., city of residence unknown, professional engineer ; Jeffrey Ketchman, P.E., Mineola, New York, professional engineer on the need for ROPS on lawn tractors

Defendant's Experts: Bobby Clary, Stillwater, Oklahoma, professional engineer on the need for ROPS on lawn tractors.

Comments: The trial judge excluded evidence of decedent's alcohol use since at most, it constituted contributory negligence which was irrelevant in a strict liability case. She excluded it as evidence of a misuse because it was foreseeable and thus, not a defense to strict liability. She excluded it as evidence of a cause of the accident because this was an enhanced injury case where the unrebutted evidence showed that if a ROPS had been on the tractor, the decedent would have survived with little or no injury, regardless of how much he had imbibed.