Valk Manufacturing Co. v. Rangaswamy

537 A.2d 622 (1988)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was driving and came to a stop at an intersection. C&P Telephone's truck partially blocked the intersection. P purportedly looked both left and right. He then accelerated into the intersection directly into the path of a dump truck owned by Montgomery County. The vehicles collided. The dump truck had a snowplow hitch mounted on its front. No snowplow was attached to the hitch. The hitch contained a steel lift arm measuring 20 inches in length. The lift arm projected 29 inches beyond the radiator and bumper of the truck. Movement of the lift arm was controlled by a hydraulic cylinder held in place by two 3-inch cotter pins. By removing the lower cotter pin, the lift arm would drop to a flush position. The lift arm protruded inside P's car, and P and P died of multiple injuries to the head and chest. Ps brought a wrongful death action. Two defendants, C & P Telephone Company and Montgomery County, were sued under theories of negligence. D was sued under theories of negligence and strict liability in tort. D was the manufacturer of the snowplow hitch which was attached to the Montgomery County dump truck. D, in turn, filed a cross-claim against Montgomery County. C & P Telephone Company settled for a joint tortfeasor release. A motion for judgment was granted in favor of Montgomery County. A motion for judgment was also granted in favor County on the cross-claim of D. The trial judge ruled that the deceased was contributorily negligent as a matter of law. The case proceeded to the jury on the strict liability count against D. A jury verdict in the amount of $2,500,000 was returned against D. D's motion for judgment notwithstanding the verdict or, in the alternative, a motion for new trial was denied. D appealed.