Products Liability Law Reporter

Wayne Church, a 60-year-old retiree, started a personal mechanics business. His first customer brought in a skid steer vehicle manufactured by Case New Holland Industrial of America. Church then opened the machine’s 475-pound cab and began working on the engine. As he did so, the cab fell on him, fatally crushing him. He is survived by his wife and two adult children.

They sued Case New Holland, alleging the skid steer vehicle was defective in that the latch in the machine’s cab broke too easily and in a way that was not apparent to a user. The plaintiff also asserted that the latch—which failed to engage while Church was working on the skid steer machine—was not properly designed or tested, which led to its failure.

The jury awarded $13 million.

Citation: Church v. Case New Holland Indus. of Am., LLC, No. 18HE-CC00049 (Mo. Cir. Ct. Henry Cty. Nov. 13, 2020).

Plaintiff counsel: AAJ member Chandler Gregg and Nicholas W. Smart, both of Springfield, Mo.

Plaintiff experts: Russ Rasnic, engineering, Hot Springs, Ark.; and Brooke Liggett, accounting, Springfield.

Defense experts: Tom Ihringer, mechanical engineering, Fargo, N.D.; Gary Stromberg, engineering, Wichita, Kan.; Paul Franz, ergonomics, Ann Arbor, Mich.; and Chris Van Ee, biomechanics, Detroit.