Bowling v. Heil Company

511 N.E.2d 373 (1987)

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Nature of the Case

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Facts

Bowling (P) delivered gravel to his residence using a dump truck with a hoist system manufactured by Heil (D). After dumping the gravel, the truck bed would not return to the down position. P leaned underneath over the truck chassis to see what was wrong. P then grabbed the lever on the pump valve assembly and manipulated it. The bed rapidly descended and killed P instantly. The jury found P contributorily negligent, and damages were assessed at $1.75 million. The jury determined that D was both negligent and strictly liable, that P was contributorily negligent but that he had not assumed a known risk, and that the following percentages of fault were attributable to P, D, and Robco: to D, forty percent; to P, thirty percent; and to Robco, thirty percent. The court of appeals affirmed the jury's verdict, but remanded the case with directions to enter judgment against D in the amount of $700,000 only, representing forty percent of $1.75 million. D appealed.