Grove Mfg. Co. v. Storey, 85-494
| Citation | 11 Fla. L. Weekly 1031,489 So.2d 780 |
| Decision Date | 01 May 1986 |
| Docket Number | No. 85-494,85-494 |
| Parties | 11 Fla. L. Weekly 1031, Prod.Liab.Rep. (CCH) P 10,975 GROVE MANUFACTURING COMPANY, et al., Appellants/Cross-Appellees, v. Paul David STOREY, and Katherine Suzanne Storey, Appellees/Cross-Appellants. |
| Court | Florida District Court of Appeals |
Kenneth C. Deacon, Jr. and Marian B. Rush, of Harris, Barrett, Mann & Dew, St. Petersburg, for appellants/cross-appellees Grove Mfg. Co.
Brian D. Hill, of Taraska, Hill and Grower, P.A., Orlando, for appellees/cross-appellants.
Grove Manufacturing Company (Grove) and its insurer appeal from the final judgment awarding compensatory and punitive damages to appellees, following a jury trial. We reverse.
Appellee Paul David Storey (Storey) was injured by an electrical shock which occurred when the boom of a mobile hydraulic crane came into contact with an overhead electrical line. The crane had been manufactured by Grove and sold to American Pre-Cast Company, Storey's employer, in 1977. Storey was American Pre-Cast's yard superintendent and at the time of the injury was holding and guiding a load of manhole covers as they were unloaded from a truck by the crane. In the process of unloading the truck, the crane's boom came into contact with power lines which ran along the perimeter of the employer's property, injuring Storey.
Storey, joined by his wife, sued the manufacturer of the crane, alleging that the crane was defective in design and manufacture because it did not have on it certain safety devices and that the manufacturer was negligent in failing to install these safety devices and in failing to adequately warn operators of depth perception problems which they would encounter when working near power lines. The jury found that the crane was not defective when placed on the market, thus disposing of plaintiffs' products liability claim. On the negligence claim, the jury found that there was negligence on the part of Grove which was a legal cause of injury to Storey, without specifying the nature of such negligence. We thus examine the record to determine if that finding is supported by competent substantial evidence.
Appellees contend that there is ample evidence of Grove's failure to adequately warn users of the crane of depth perception problems when working near power lines and that Grove was aware of the problem and of its dangerous consequences. There is no evidence that this accident was caused by a depth perception problem. The crane operator did not testify, nor was there any other evidence as to the cause of the incident in...
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