| Author |
 Topic Search  Topic Options
|
Lonn 
Orange Level
Joined: 16 Sep 2009
Location: Назарово,Russia
Points: 29773
|
 Post Options
 Thanks(0)
 Quote  Reply
 Posted: 24 Jan 2020 at 1:42pm |
Some won't learn no matter what. When I was working at a place where I parked on the street, at quitting time everyday a guy in a pickup would come racing around the curve just past all our cars parked on that street and people said he's gonna kill someone some day. Well one day he came around the curve and started sliding directly at us crossing the street. One guy couldn't get out of the way fast enough but lucky for him the pickup hit a parked pickup at the same time it him. Threw the guy walking a ways down the street but he just was bruised up a bit. The parked pickup was only a week or two old and that owner was one teed off fella. So was the guy who actually got hit. If that pickup hadn't been parked there he'd been run over or if the the idiot driver was a second slower he's been crushed between the two pickups.
Now you'd think the driver would have learned a thing our two from that incident but the next week he was doing exactly the same thing and to this day, 20 plus years later, he still drives like an idiot.
Edited by Lonn - 24 Jan 2020 at 1:44pm
|
|
-- --- .... .- -- -- .- -.. / .-- .- ... / .- / -- ..- .-. -.. . .-. .. -. --. / -.-. .... .. .-.. -.. / .-. .- .--. .. ... -
Wink
I am a Russian Bot
|
 |
|
Sponsored Links
|
|
|
CrestonM
Orange Level
Joined: 08 Sep 2014
Location: Oklahoma
Points: 8357
|
Post Options
Thanks(0)
Quote Reply
Posted: 24 Jan 2020 at 2:04pm |
|
Interesting. That's the town I'm in school at. Hadn't heard anything about it, even in the agriculture dept. I agree, the dealer is at fault to an extent, but did it say what he was doing when it rolled (maybe I missed it?) I tend to think it is mostly his fault, for engaging in an activity where rollover was likely. With our loader tractors, I'm always a little leery on hillsides, even with them weighted, and I keep the bucket as close to the ground as is reasonable.
|
|
HoughMade
Orange Level
Joined: 22 Sep 2017
Location: Valparaiso, IN
Points: 691
|
Post Options
Thanks(0)
Quote Reply
Posted: 24 Jan 2020 at 2:36pm |
|
I took a couple of minutes to look if I could find a more thorough report about the trial, but so far I haven't. That could help explain whether contributory (or comparative) negligence was at issue. I'm going to take a shot at seeing if the court records are online.
|
|
1951 B
|
|
HoughMade
Orange Level
Joined: 22 Sep 2017
Location: Valparaiso, IN
Points: 691
|
Post Options
Thanks(0)
Quote Reply
Posted: 24 Jan 2020 at 2:56pm |
Well, OK, this is interesting. First, let me say that what I am posting below is from the defendants' Deere's attorneys. Keep that in mind. This is their side of this and, obviously, they are arguing for their client.
Deere apparently moved for a mistrial because, they say, the plaintiff never brought up ballasting as a defect until during the trial itself. Usually, everything is out in the open and everyone knows what the other will be arguing well before trial. However, when trial happens, the judge has a huge amount of latitude to allow evidence and arguments that the judge deems proper.
The judge denied a mistrial.
However, these portions of Deere's motion tell us why the dealer wasn't primarily at fault- thinking that the plaintiff was claiming defects in design and manufacturing that went to Deere, not what happened at the dealer, and the ballasting, the dealer's responsibility, not having been previously disclosed, Deere agreed to be liable for the dealer and itself (Deere, based upon the allegations before trial, did not believe that the dealer was at fault and likely had contract to defend and indemnify the dealer for product defects that were the fault of Deere).
Still looking for the comparative negligence info.
|
|
1951 B
|
|
HoughMade
Orange Level
Joined: 22 Sep 2017
Location: Valparaiso, IN
Points: 691
|
Post Options
Thanks(0)
Quote Reply
Posted: 24 Jan 2020 at 3:15pm |
OK, in a products liability case in Oklahoma, there is no comparative negligence by the plaintiff, but misuse of the product is a defense.
The Defendant claims non-use of the seatbelt as misuse. The plaintiff was trying to keep the seatbelt non-use out of evidence stating that it is not misuse because misuse means using the product in a manner other than it is intended. The defendant obviously wanted it in evidence. I can't see the order on the motions in limine (motion to keep certain evidence out), but there was no jury instruction on misuse, so I am going to speculate that the evidence of misuse was inadmissible.
Disclaimer- this was an Oklahoma case. I am an Indiana attorney. I am not giving legal advice to anyone. I am just commenting upon a case of interest.
|
|
1951 B
|
|
exSW
Orange Level
Joined: 21 Jul 2017
Location: Pennsylvania
Points: 914
|
Post Options
Thanks(0)
Quote Reply
Posted: 24 Jan 2020 at 4:41pm |
|
You said Oklahoma. I love Oklahoma but I don't ever want to see the inside of a Courthouse there. Civil,criminal,defendent or plaintiff.
|
|
Learning AC...slowly
|
|
HoughMade
Orange Level
Joined: 22 Sep 2017
Location: Valparaiso, IN
Points: 691
|
Post Options
Thanks(0)
Quote Reply
Posted: 24 Jan 2020 at 5:06pm |
|
Oh, and I forgot- there was a box blade on the tractor at the time, so at least that was some weight.
|
|
1951 B
|
|
wekracer
Orange Level
Joined: 13 Oct 2009
Location: Tebbetts, MO
Points: 1587
|
Post Options
Thanks(0)
Quote Reply
Posted: 25 Jan 2020 at 7:55am |
 DrAllis wrote:
Deere has deeper pockets than P&K Implement. |
Absolutely right. It doesn’t matter who’s at fault. It matters who has the most money.
|
|
TramwayGuy
Orange Level Access
Joined: 19 Jan 2010
Location: Northern NY
Points: 11202
|
Post Options
Thanks(0)
Quote Reply
Posted: 25 Jan 2020 at 8:56am |
|
Likely Deere will appeal....if it hasn’t already.
|
|
HoughMade
Orange Level
Joined: 22 Sep 2017
Location: Valparaiso, IN
Points: 691
|
Post Options
Thanks(0)
Quote Reply
Posted: 25 Jan 2020 at 7:39pm |
TramwayGuy wrote:
Likely Deere will appeal....if it hasn’t already. |
Guaranteed.
|
|
1951 B
|
|
cottonpatch
Silver Level
Joined: 17 Nov 2010
Location: VIRGINIA
Points: 285
|
Post Options
Thanks(0)
Quote Reply
Posted: 25 Jan 2020 at 11:35pm |
Gary Burnett wrote:
JD,Kubota and other tractor companies are targeting the homeowner,just getting started type people in many of their ads.If they stated they were only interested in selling to experienced tractor operators that'd be a different story.Of course the truth is they want to sell to anyone that will sign up for their $0 down,easy monthly payments.In my opinion if JD ships the tractor out with a mounted loader then they should have the tractor equipped to safely operate it especially since they state in the manual what it takes to do so.If on the other hand the dealer mounts the loader at their place then the responsibility goes to the dealer.
|
Some dealers will order units with the loader factory mounted if that’s an option. I worked for one dealer that ordered tractors configured this way. Or ordered loader ready which means with loader frames installed and the midvalve with joystick. I recently worked for another Deere dealer (large dealer - 40+ stores) that only ordered the compacts and utility tractors with midvalve and joystick only. The loader frames and loaders were installed by the service department. It’s always cheaper to configure and order the tractor with a factory installed loader or loader ready. So why does a 40 store dealer do this versus a 6 store dealer doing it the more cost effective way? One word - absorption. According to Deere, the more profitable your parts department and service departments are, the lower the margin you can sell your units at because the aforementioned departments can theoretically carry the sales department. Installing loader frames and loader by the service department bumps your shop’s billable hours. But as a sales guy speaking, nothing installed on a unit is free from the service department. Someone pays-either the customer or the sales guy.
Edited by cottonpatch - 25 Jan 2020 at 11:41pm
|
|
'52 CA, '61 D10 II, ‘61 D15, '66 D15II, '63 D17D III, ‘69 170, '73 185 Crop Hustler, '79 185, '79 7000, '77 7040
|
|
Stan IL&TN
Orange Level
Joined: 13 Sep 2009
Location: Elvis Land
Points: 6730
|
Post Options
Thanks(0)
Quote Reply
Posted: 27 Jan 2020 at 10:40am |
|
I was on a jury for a very sad case. We all felt bad for the person that was suing. He didn't die but was severely handicapped. They paraded him around the courtroom in a wheelchair unable to speak for everyone to see in hope that we would award him millions. A doctor was being sued for malpractice and causing the injury but the overwhelming evidence showed the doctor was not at fault. It took us about 30 minutes to give the verdict. No money.
|
|
1957 WD45 dad's first AC
1968 one-seventy
1956 F40 Ferguson
|
|
m16ty
Orange Level
Joined: 28 Jan 2011
Location: TN
Points: 1463
|
Post Options
Thanks(0)
Quote Reply
Posted: 31 Jan 2020 at 8:46pm |
Well now all JD tractors will come form the factory with a heap of weight on them, and they will cost a little more, to settle the lawsuit.
People need to take responsibility for their actions. It's your responsibility to learn how to operate a piece of equipment. I hate that they family lost their loved one, but it's not Deere's fault.
I heard of a suit where somebody got gobbled up by a Vermeer roller. They sued Vermeer because the pickup wasn't guarded to keep somebody from getting sucked in. In the end Vermeer won the lawsuit, when they finally proved that there was no possible way to guard the pickup to keep somebody from falling in, and it still be able to pick up hay. Sure, I've got off the tractor with the roller running before, but I know full well that every manufacturer tells you not to get off the tractor without not only turning off the PTO, but shutting the tractor completely off.
Edited by m16ty - 31 Jan 2020 at 8:47pm
|
|
DrAllis
Orange Level Access
Joined: 12 Sep 2009
Points: 19499
|
Post Options
Thanks(0)
Quote Reply
Posted: 01 Feb 2020 at 7:15am |
|
There were MANY lawsuits against A-C by widows who sued because their ignorant husbands got off the seat of the WD45 to kick in some hay and they wound up being ate up by the Roto-baler.
|
|
Dusty MI
Orange Level
Joined: 13 Sep 2009
Location: Charlotte, Mi
Points: 5053
|
Post Options
Thanks(0)
Quote Reply
Posted: 01 Feb 2020 at 7:19am |
|
A neighbor friend of mine, in his first summer out of High School got taken into an A.C. Roll Bailer.
|
|
917 H, '48 G, '65 D-10 series III "Allis Express"
|
|
TimNearFortWorth
Orange Level
Joined: 12 Dec 2009
Points: 2014
|
Post Options
Thanks(0)
Quote Reply
Posted: 01 Feb 2020 at 7:41am |
Been nearly 10 years now but niece's beau that did all field work and daily barn cleaning chores for elderly parents did not return from spreading one night just before Christmas.
Left 3 little girls and shook both families terribly.
Ford 4WD County and big slinger spreader that they found in a lower field. Initially, his father who went out on a 4-wheeler to see if he was broke down did not find him and it was now dark. Others that went out found his feet, still in his socks and work boots as that was all that was left. Graphic, yes, but the only thing they could figure was that he got out of tractor with pto on so as to clean off the spreader with a shovel handle as his father was meticulous about equipment care. He was just shy of 30 years old. Too many died in our area growing up, nearly all related to pto with others rollovers or logging accidents. I still find myself thinking of my Dad if I get off a tractor while not even going near the implement where the pto is still winding down. His words to us boys on the farm stayed with us and he would say nothing when a newspaper article was put in front of you at breakfast concerning another bad injury or fatality in the valley on a farm. His favorite, "use your head" still rings true.
|
|
