Abernathy v. Superior Hardwoods, Inc.

704 F.2d 963 (7th Cir. 1983)

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Nature of the Case

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Facts

Robert (P) drove a flatbed truck loaded with logs to D. The logs were fastened to the bed of the truck with four chains. P released each chain but before he could stow them all in the cab of the truck D’s forklift began unloading the logs and one tumbled off and hit P in the back. Ps sued D for negligence. With respect to contributory negligence, a complete defense, D argued that P should have heard the noise of the forklift beginning to unload and gotten out of the way. P testified that the noise of the forklift was drowned out by the general noise of the sawmill wherein the noise itself become relevant. D made a videotape showing a forklift unloading logs from a truck at D. This was D’s attempt 'to fairly and accurately depict the method in which log trucks are routinely unloaded at' its sawmill. The judge allowed the tape to be shown to the jury but only with the sound turned off. D claimed the soundtrack proves that P should have heard the forklift beginning to unload the logs. The verdict went to Ps and D appealed.