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[Download] "Karla D. Westfall v. Caterpillar" by Supreme Court Of Idaho " Book PDF Kindle ePub Free

Karla D. Westfall v. Caterpillar

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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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