Nature of the Case
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Facts
Smith (P) was injured while attempting to start the diesel engine of an Ingersoll-Rand (D) portable air compressor. P was not wearing a hard hat when he was dispatched by his supervisor to start the air compressor's engine. The air compressor was an older model that required the mechanic to open its door in order to start the engine. There was no latch on the door to hold it open. Instead, the mechanic had to prop the door open in one of three ways: (1) the fully-open position; (2) the up-and-folded position; or (3) the wedged position. The first two positions safely hold the door in place; the third position is unsafe. P does not remember how he propped the door open. Somehow -- whether from wind, vibration, or improper placement -- the door had fallen from its open position and hit P's head. Eleven days after the accident, P suffered a generalized motor seizure. P was later diagnosed with traumatic epilepsy, presumably caused by the compressor door hitting his head. P has continued to suffer from repeated seizures, fatigue, difficulty concentrating, lapses in memory, and other related medical problems. He lost his job because of these medical problems and remains unemployed. P sued D. The case was then tried three different times. A fourth trial is currently pending. On the third trial, the jury found P forty percent responsible for the accident and D sixty percent responsible. The jury assessed damages at $668,000. P and D appealed. The circuit court, therefore, recommended the district court consider certifying questions to the Alaska Supreme Court. The federal district court certified three questions.
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