Westfall v. Caterpillar, Inc.

821 P.2d 973, 120 Idaho 918, 1991 Ida. LEXIS 174
CourtIdaho Supreme Court
DecidedNovember 26, 1991
Docket18190
StatusPublished
Cited by19 cases

This text of 821 P.2d 973 (Westfall v. Caterpillar, Inc.) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Westfall v. Caterpillar, Inc., 821 P.2d 973, 120 Idaho 918, 1991 Ida. LEXIS 174 (Idaho 1991).

Opinions

BISTLINE, Justice.

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 operator’s compartment, and dealt a fatal injury to Mr. Westfall’s head. Westfall’s 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 West-fall 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.

Caterpillar’s motions for j.n.o.v. and new trial were both denied. Caterpillar appealed, presenting seven issues on appeal. We affirm the district court in part and reverse in part. The cause is remanded to the trial court for a redetermination of allowable costs under the provisions of I.R.C.P. 54(d)(1)(D).

The issues on appeal lend themselves to grouping under four categories. First, we hold that the district court did not err in ruling that Caterpillar was not entitled to a judgment n.o.v. Second, we hold that the district court did not err in denying Caterpillar’s post-judgment motions. Third, we also hold that the district court correctly ruled that post-judgment interest would ac[920]*920crue at the rate of eighteen percent per annum. Fourth, we hold that the district court’s award of excess costs was based upon an erroneous application of I.R.C.P. 54(d)(1)(D).

I. CATERPILLAR WAS NOT ENTITLED TO JUDGMENT N.O.V.

It is well established in this Court and in the Court of Appeals on reviewing the grant or denial of a motion for entry of a judgment n.o.v. that we review all of the evidence and all inferences reasonably drawn therefrom in favor of the non-moving party. With that accomplished, we then decide whether there was substantial evidence to justify submitting to the jury the issue of causation, or otherwise put, that there can be but one conclusion as to the verdict which reasonable minds could have reached. Thus, the function of I.R.C.P. 50(b) is to give this Court the final opportunity to order the judgment that the law requires. See Quick v. Crane, 111 Idaho 759, 764, 727 P.2d 1187, 1192 (1986). In doing so we accord no special deference to the trial court’s ruling in passing on the motion. Id., Ill Idaho at 764, 727 P.2d at 1192.

In a case in which a trial court grants a defendant’s motion for a directed verdict, the task of the appellate court is “to determine whether plaintiff’s evidence was sufficient to survive the defendant’s motion for directed verdict and to justify submitting the case to a jury, i.e., whether, as a matter of law, plaintiff produced sufficient evidence [not a mere scintilla], from which reasonable minds could conclude that a verdict in favor of plaintiff was proper. See Mann v. Safeway Stores, Inc., 95 Idaho 732, 518 P.2d 1194 (1974); 9 Wright & Miller, Federal Practice and Procedure §§ 2524, 2536 (1971).” Gmeiner v. Yachte, 100 Idaho 1, 4, 592 P.2d 57, 61 (1979).

Caterpillar argues that the plaintiffs failed at trial to establish all of the elements necessary to prove a products liability cause of action. On that basis, Caterpillar asserts that it was entitled to the granting of its motion for judgment n.o.v., citing Corbridge v. Clark Equip. Co., 112 Idaho 85, 730 P.2d 1005 (1986):

Whether a products liability action is predicated on negligence or strict liability, the plaintiff must prove (1) injury, (2) that the injury was proximately caused by a defect, (3) that the defect existed at the time the product left the control of the manufacturer. Farmer v. International Harvester Co., 97 Idaho 742, 553 P.2d 1306 (1976). To prove a prima facie case, a plaintiff must not only show that the product was defective and unreasonably dangerous, but there must be a lack of evidence of abnormal use and the absence of evidence of reasonable secondary causes which would eliminate liability of the defendant. Id. at 747, 553 P.2d at 1311.

Corbridge, 112 Idaho at 87, 730 P.2d at 1007. Specifically, Caterpillar asserts that plaintiffs did not prove that the defect in the skidder existed at the time the skidder left Caterpillar’s control, or that the skidder was defective and unreasonably dangerous. But, as clearly stated in Farmer, “in the absence of direct evidence, the production of which is always difficult, other evidence negating other causes of failure and making it reasonable to infer that a dangerous condition existed at the time that the [manufacturer] had control is sufficient.” Farmer v. International Harvester Co., 97 Idaho 742, 749, 553 P.2d 1306, 1313 (1976) (emphasis supplied; citations omitted). At trial the plaintiffs introduced evidence that the brush guard was in a condition before the accident acceptable to the manufacturer, and their contention is that such satisfactory condition allowed the jury to reasonably infer that the brush guard’s condition at the time of the accident existed at the time the skidder left Caterpillar’s control.

To prove that a product was defective and unreasonably dangerous, “the evidence indicating the presence of the defect in the product or permitting its inference under all the circumstances will also prove or permit the inference to be drawn that the defective condition of the product made it [921]*921unreasonably dangerous.” Farmer, 97 Idaho at 749, 553 P.2d at 1313 (citations omitted). In turn, “[pjroof of malfunction is circumstantial evidence of a defect in a product since a product will not ordinarily malfunction within the reasonable contemplation of a consumer in the absence of a defect.” Id. at 748, 553 P.2d at 1312 (citations omitted). Plaintiffs, in presenting their case at trial introduced evidence to the effect that the brush guard as designed by Caterpillar would fail in its protective function even when subjected to outside force or stress which was less than the minimum recommended by applicable industry standards. We believe that was sufficient to establish to the jury’s satisfaction, as it apparently did, that the product was defective and unreasonably dangerous.

Caterpillar also urges us to reverse the trial court’s denial of judgment n.o.v. because of plaintiffs’ alleged failure to show that there were no secondary causes for the fatal accident and in that manner eliminate the liability of Caterpillar. However, “[a] plaintiff need not exclude every possible cause but only reasonably likely causes.” Farmer, 97 Idaho at 749, 553 P.2d at 1313 (citations omitted).

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Westfall v. Caterpillar, Inc.
821 P.2d 973 (Idaho Supreme Court, 1991)

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Bluebook (online)
821 P.2d 973, 120 Idaho 918, 1991 Ida. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westfall-v-caterpillar-inc-idaho-1991.