Caterpillar, Inc. v. Hightower
Decision Date | 07 August 1992 |
Citation | 605 So.2d 1193 |
Parties | Prod.Liab.Rep. (CCH) P 13,265 CATERPILLAR, INC. v. Jimmie A. HIGHTOWER, Jr., and Corene Hall Hightower. 1901465. |
Court | Alabama Supreme Court |
James E. Simpson, Stephen A. Rowe and E. Berton Spence of Lange, Simpson, Robinson & Somerville, Birmingham, and Phillip E. Adams, Jr. of Walker, Hill, Adams, Umbach & Meadows, Opelika, for appellant.
Joseph L. Dean, Jr., Opelika, for appellees.
Caterpillar, Inc. ("Caterpillar"), appeals from a judgment entered on a jury verdict in favor of Jimmie and Corene Hightower in their action against Caterpillar alleging injury as the result of a defective product. We affirm.
On September 28, 1987, Mr. Hightower was operating a Model 518 "skidder" for his employer, Dudley Land and Timber Company ("Dudley"). 1 The skidder was manufactured in 1975 by Caterpillar: it had no doors or other mechanisms to enclose the sides of the operator's compartment. While operating the skidder in thick, partially felled timber, Mr. Hightower was severely injured when the motion of the skidder caused a broken tree trunk to protrude into the operator's compartment through one of the open sides of the skidder. Hightower's injury eventually required the amputation of a major portion of his right foot.
On November 16, 1988, the Hightowers sued Caterpillar on various product liability theories. The plaintiffs alleged that the skidder had been defectively designed, manufactured, and sold in that it was manufactured and distributed without doors or comparable protection for the sides of the operator's compartment, although, they contended, Caterpillar was aware of the substantial probability of injuries to operators due to the absence of side protection. During the trial, the jury was informed that Jimmie Hightower had already received $61,988.67 as a result of an agreement between Hightower and Dudley settling Hightower's worker's compensation claims. The case was submitted to the jury under theories of (1) negligence, (2) wantonness, and (3) liability under the Alabama Extended Manufacturer's Liability Doctrine. On March 18, 1991, the jury returned the following verdict:
On appeal, Caterpillar first contends that an award of at least nominal compensatory damages is a prerequisite to an award of punitive damages. For this proposition, Caterpillar cites O.K. Bonding Co. v. Milton, 579 So.2d 602 (Ala.1991). In Milton, the trial court entered separate judgments on jury verdicts awarding a total of $225,000 in compensatory and punitive damages in claims by nine plaintiffs alleging assault and trespass. We reversed the judgment entered on one of the verdicts awarding $15,000 in punitive damages and no compensatory damages because we concluded that, as to that plaintiff, the award was not "amply supported by the evidence." Id. at 604 (emphasis added).
More recently, we held that "an award of compensatory damages was not necessary to support the jury's award of punitive damages," First Bank of Boaz v. Fielder, 590 So.2d 893, 898 (Ala.1991), where the record clearly supported the jury's finding that the plaintiff had been injured by the defendant's fraudulent conduct. Id. at 900. Following an extensive case-law analysis, we explained:
Fielder, 590 So.2d at 899-900 (emphasis in original). In this case, the fact of the plaintiff's substantial injury was clear and uncontroverted. Consequently, it is no defense to the award of punitive damages that the jury did not award compensatory damages.
Caterpillar next contends that the plaintiff failed to produce evidence demonstrating Caterpillar's knowledge of potential injuries to skidder operators from external protrusions; therefore, it contends, there was no evidence of wantonness upon which to base an award of punitive damages. We disagree. Information and literature indicating that operators of skidders such as the Model 518 were subject to injuries by trees and other objects entering the operator's compartment were disseminated throughout the industry, and to Caterpillar, specifically. For example, 29 C.F.R. § 1910.266(d)(2) (1988), which was effective as early as 1972, provides:
At least one other manufacturer of skidders comparable to the Model 518 provided side doors as standard equipment in 1975.
Even more significantly, Peter Sidles, Jr., who was Caterpillar's design engineer during the years immediately preceding the manufacture of the skidder in which Hightower was injured, also occupied during those years a position on a subcommittee of the Society of Automotive Engineers ("SAE"), an organization whose purpose, inter alia, is to "advance the knowledge of the ... standards and engineering practices connected with the ... design ... of self-propelled machines" and to "develop technical and scientific reports, including engineering standards and recommended practices, in connection with the development, design, construction and use of such mechanisms." During this time, the subcommittee solicited information and statistics from various sources, including worker's compensation boards, regarding injuries to operators of skidders and comparable logging equipment. In 1975, the subcommittee...
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