(DOWNLOAD) "Karla D. Westfall v. Caterpillar" by Supreme Court Of Idaho ~ eBook PDF Kindle ePub Free
eBook details
- Title: Karla D. Westfall v. Caterpillar
- Author : Supreme Court Of Idaho
- Release Date : January 26, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Chris Westfall was windrowing brush with a log skidder manufactured by Caterpillar when a relatively small tree, known in the logging industry as a jillpoke, pierced the metal frame of the brush guard on the skidder, entered the operators compartment, and dealt a fatal injury to Mr. Westfalls head. Westfalls surviving heirs filed a complaint against Caterpillar, alleging strict products liability, negligent failure to warn, and negligent design and manufacture of the skidder. Punitive damages were also sought in an amended complaint. Following a ten day trial, the jury returned its verdict for plaintiffs, finding that Caterpillar was both negligent and strictly liable on the basis of marketing a defectively designed product. In apportioning fault, the jury attributed responsibility to Westfall at 35 percent and to Caterpillar 65 percent. Judgment on the verdict was entered awarding plaintiffs $552,500 plus post-judgment interest to accrue at 18 percent. In addition, plaintiffs were awarded costs at trial.
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