Tractor Manufacturer Liable for Injuries

Steven Sharp had his day in court. The Wisconsin State Supreme Court affirmed the judgment of a Racine, WI jury that Case Corp. must pay $8.5 million in damages to the young man who lost both arms in a farm accident in Richland, OR.

In 1992, Sharp, then 17 years old, was clearing hay in front of a baler when the Case 970 tractor that powered the baler suddenly started up on its own, drawing Sharp's hands into the baler and slowly amputating both of his arms above the elbows. After a five-week trial, a Racine, WI jury concluded Case's design and warnings for the tractor were negligent and awarded $6.5 million in compensatory damages and $2 million in punitive damages for further "outrageous" behavior. On appeal, the Wisconsin Supreme Court affirmed the trial judge and the Wisconsin Court of Appeals finding that Case's failure to act in the face of mounting evidence of the self-start problem could fairly be described as a "see-no-evil" attitude.

"The decision is a tremendous victory for the rights of ordinary citizens," said Bill Manning of Robins, Kaplan, Miller & Ciresi L.L.P. and Sharp's attorney. "Manufacturers have a responsibility to design out foreseeable misuse of their products and warn dealers and users adequately," said Manning, an opponent of product liability law reform. "Case did neither." According to Manning, Case had received complaints from farmers about the tractors unexpectedly starting up for 30 years.

Manning and Sharp testified before the US Senate Commerce Committee in 1997 on the flaws inherent in product liability law reform. Manning told the Senators that Sharp's case could not have been brought to trial under proposed changes in the product liability laws, and asked that the committee take into serious consideration the number of potential plaintiffs like Steven Sharp who would have no recourse if the proposed changes took effect.

Sharp reminded the senators that corporations have a responsibility to put safe products on the market and that existing product liability laws are needed to ensure that compliance with safety standards occurs. Sharp pleaded that Congress should not "take justice away" from the victims of dangerous products. His final message to the Senate Commerce Committee was, "Please always allow victims of dangerous products to have their one and only day in court."