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MARCH 1992
Loss of bolt: Truck's steering linkage separates: Accident:
Counterfeit bolt: Res ipsa loquitur: Herniated disc: Verdict.
Stearns v. Paccar, Inc., U.S. District Court. D. Colo.,
No. 89-B-1648, Oct. 10, 1991.
Stearns was driving a 1987 Peterbilt truck when the steering
failed. The truck hit a guardrail and went down an embankment,
coming to rest on its side. Stearns suffered a herniated disc at
L4-5. He incurred about $1,400 in medical expenses. A
41-year-old truck driver who had been earning about $30,000
annually, Stearns was unable to work for about a year.
Investigation after the accident revealed that the factory
installed pinch bolt that had held the pitman arm to the truck's
steering gear assembly was missing. The bolt was never recovered.
Stearns and his wife sued the truck manufacturer, invoking the
doctrine of res ipsa loquitur. Plaintiffs alleged that a defect
in the pinch bolt had caused it to come out of place, allowing the
steering linkage to separate.
Defendant contended that there was insufficient evidence to
establish that the accident had been caused by a defect in the
missing bolt.
At
trial, plaintiffs presented expert testimony that the bolt (1) had
failed because of a latent defect and (2) had been a foreign-made
counterfeit part. On cross-examination, defendant's expert
admitted testifying in a case involving a truck of the same make,
model, and manufacturing year that the pinch bolt had been
defective and had caused a loss of steering control.
The
jury awarded $336,700, including $75,000 for loss of consortium.
Plaintiffs' Experts:
Richard L. Large, mechanical failure analysis, Lincoln, Neb.
Dean
E. Orr, metallurgy, Omaha, Neb.
Defendant's Experts:
Arlen
Riggs, mechanical engineering, Fremont, Cal.
Plaintiffs' Counsel:
*William E. Gast, Omaha, Neb.
Ronald L. Brown, Fort Collins, Colo.
[Comment:
The manufacturer conducted a recall of Peterbilt trucks
shortly after Stearns's accident. In 1990, Congress passed the
Fastener Quality Act, 15 U.S.C. § 5401 (1991). The act requires
that all heat-treated bolts, nuts, screws, and studs of an
approximate diameter exceeding one-quarter of an inch (1) bear the
manufacturer's registered trademark, (2) be traceable by lot, and
(3) be certified as meeting applicable specifications and
strength standards. See report at 10 PLLR 194 (Dec. 1991).]
An
asterisk (*) beside the name of plaintiff’s counsel indicates that
the attorney is an ATLA member. To obtain additional information
about a case, contact counsel through your ATLA membership
directory.
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