Rios v. Navistar International Transportation Corp.

558 N.E.2d 252, 200 Ill. App. 3d 526, 146 Ill. Dec. 289, 1990 Ill. App. LEXIS 906
CourtAppellate Court of Illinois
DecidedJune 22, 1990
Docket1-89-1002
StatusPublished
Cited by22 cases

This text of 558 N.E.2d 252 (Rios v. Navistar International Transportation Corp.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rios v. Navistar International Transportation Corp., 558 N.E.2d 252, 200 Ill. App. 3d 526, 146 Ill. Dec. 289, 1990 Ill. App. LEXIS 906 (Ill. Ct. App. 1990).

Opinion

JUSTICE MURRAY

delivered the opinion of the court:

Plaintiff, Ruben Rios (Rios), appeals from a jury verdict and final judgment in favor of defendant, Navistar International Transportation Corporation (Navistar), formerly International Harvester. We affirm.

On January 17, 1979, Rios filed a strict liability action against defendant seeking damages for injuries he sustained on June 28, 1978, while operating a Series 2400B tractor that had been manufactured by Navistar and sold to his employer, Trees Unlimited. Rios claimed that the tractor was unreasonably dangerous and unsafe due to various design defects. A jury trial commenced on April 12, 1988, and the jury returned a verdict in favor of defendant. Judgment was entered on the verdict, and it is from this judgment that Rios now appeals, raising four issues: (1) whether it was error to have admitted into evidence videotapes of experiments performed by defendant, (2) whether the trial court improperly instructed the jury using two non-pattern (non-IPI) jury instructions, (3) whether it was error to have admitted into evidence reconstruction testimony through defendant’s expert witness, and (4) whether the trial court improperly struck from plaintiff’s case the claim that defendant’s tractor was defective because the step in the exit way was not slip resistant. Before we address these issues, we shall review the pertinent facts of the case and the evidence presented at trial material to the issues raised on appeal.

On June 28, 1978, Rios was an employee of Trees Unlimited, a landscaping company. On this date, under the supervision of the foreman, George Hoy, Rios assisted with the planting of trees at a residential development in Lincolnshire, Illinois. At approximately 6 p.m. Hoy and his crew finished preparing a hole for the last tree to be planted that day. Rios was then sent to obtain a tree from the storage area, which was located a few blocks from the planting site. To accomplish this, Rios operated the Series 2400B International Harvester tractor, which had recently been purchased by Trees Unlimited and which had a bucket attachment on the front that was used to transport trees to the planting site.

It should be noted that the Series 2400B tractor used by Rios was a small tractor which was designed for industrial applications such as landscaping. The transmission was designed with a separate forward/ reverse lever on the front instrument panel, a notched gear lever with four gear options (one through four), and a speed range lever with three options (low, neutral or high). The speed range lever was located in a panel on the left side of the driver seat. Typically, to place the lever in “low” the operator would pull up on the lever while depressing the clutch and to place the lever in “high” the operator would push down on the lever while depressing the clutch. Midway between low and high was the neutral position, and when the lever was in neutral, the lever extended approximately three inches into the exit way of the tractor, which was lls/4 inches wide at the bottom and 18 inches wide at the top.

Rios testified at trial through an interpreter, indicating that he climbed onto the tractor, started it and then noticed an oil leak. He kept the engine running and in first gear, but placed the range lever in neutral. He then attempted to get off the tractor to check the oil leak. As he exited the tractor, he inadvertently struck the range lever with his left side, causing it to move out of neutral position. Rios then fell from the tractor, which moved forward and rolled over his left leg and hip. Rios could remember little about the positioning of the tractor’s levers and attachments at the time of the accident, and on cross-examination he was impeached with his deposition testimony, in which he had indicated that he noticed the oil leak before he got onto the tractor.

Although Rios was the only person on the scene at the time of the accident, Hoy, who had been with the rest of the crew at the planting site, heard Rios’ screams and immediately ran to that area. Hoy later testified that when he arrived at the scene Rios was pinned under the tractor and the bucket of the tractor was stuck in the trunk of a parked car. The tractor was in first gear, and the range lever was in the “high” position. Hoy then got onto the tractor and drove it off of Rios. An ambulance was called, and Rios was taken to the hospital. On cross-examination Hoy testified that he asked Rios about the accident when he visited him in the hospital and that Rios indicated that he caught his shirttail on the range lever as he was getting off the tractor and this is what caused the lever to be moved.

Although there was some evidence presented to show that the Series 2400B tractor was unreasonably unsafe because it had no handholds and because the step up to the tractor was not slip resistant, the main thrust of the case was that the tractor’s range lever mechanism was defective because of its location, because it extended into the entranceway of the tractor, and because the range lever mechanism had no external “detent,” a device that would insure that the lever could not be accidentally knocked into gear without depressing the clutch.

Rios’ initial witness was Richard Hennesey, who had been the chief design engineer for the Series 2400 tractors. Hennesey admitted that tests he had performed showed that it was possible to cause Series 2400 tractors to move into the “low” range without depressing the clutch when the transmission was in first or second gear. However, he also testified that he did not believe that it would be possible to force the range lever into “high” without first depressing the clutch if the transmission was running in first or second gear.

Rios then presented two experts. The first expert, who was not an engineer but had a degree in safety and experience as an accident investigator, opined that the tractor was unreasonably dangerous because the range lever was not guarded by its location and because it lacked an external detent mechanism which would lock the range lever into the neutral position to keep it from being inadvertently moved into gear. However, on cross-examination this expert admitted that when he inspected the tractor, he never actually attempted to force the range lever into high range with the motor running and without depressing the clutch. The second expert, an aeronautical engineer, testified that the tractor was unreasonably unsafe because the range lever extended into an area that was already too narrow and because it did not conform to various standards promulgated by the Society of Automotive Engineers (SAE) and the American Society of Agricultural Engineers (ASAE). This expert explained that the steering wheel was 16 inches in diameter and that the operator of the tractor would have to “worm” his body past the steering wheel and the range lever to exit the vehicle. Due to these conditions, he felt that there was a duty to insure that the range lever could not be forced into gear without depressing the clutch.

Although plaintiff’s experts based their conclusions upon the assumption that it had been shown that it was possible to force the range lever into “high” when the motor was running and without depressing the clutch, the only evidence to this effect came from George Hoy, Rios’ foreman at Trees Unlimited.

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Cite This Page — Counsel Stack

Bluebook (online)
558 N.E.2d 252, 200 Ill. App. 3d 526, 146 Ill. Dec. 289, 1990 Ill. App. LEXIS 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rios-v-navistar-international-transportation-corp-illappct-1990.