Case details

Company’s rule for equipment operators was dangerous: family

SUMMARY

$4000000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
crush injury, leg
FACTS
On April 24, 2018, plaintiffs’ decedent Lowell Beecher, 62, an employee/driver of J.D. Heiskell, which stores animal feed in the Pitman Farms commodity barn, located in Hanford, was sitting in the cab of his tractor-trailer while a Pitman Farms employee, Isauro Fuentes, began to load the trailer with a large, front loader piece of equipment. When loading the trailer was near completion, Beecher, wearing his reflective safety vest, exited his truck and began walking back to the scale house to obtain the paperwork that he previously dropped off. However, as he was walking to the scale house, Beecher was run over by the front loader as Fuentes was driving out of the commodity bay. Beecher’s legs were crushed and he ultimately died from his . The decedent’s wife, Filomena Beecher (acting individually and as the successor in interest to her husband’s estate), and their adult daughters, Gail Jones and Misty Vasquez, sued Fuentes, Pitman Farms and Pitman Family Farms. The decedent’s family alleged that Fuentes was negligent in the operation of the front loader and that Pitman Farms and Pitman Family Farms were liable for Fuentes’ actions while acting in the course and scope of his employment. The matter ultimately continued against Fuentes and Pitman Family Farms. Plaintiffs’ counsel contended that the decedent, Mr. Beecher, did not notice the front loader that was approaching from behind and to his side because Fuentes failed to comply with company rules and policy, which required honking the front loader’s horn every time it exits the commodity bay as well as having all lights on the front loader in the “on” position when in operation. Counsel also presented witnesses, who claimed that they did not recall hearing any horn honking just prior to the subject incident, and video surveillance footage, which showed that no lights were illuminated on the front loader at the time of the incident. Plaintiff’s counsel asserted that the video showed that Beecher did not make any startling moves or attempt to look toward the front loader, further evidencing that Fuentes failed to alert pedestrians of his presence by honking the horn. While plaintiffs’ counsel contended that Fuentes failed to follow company policy and procedure with respect to the front loader’s lights and horn, Fuentes did follow company policy and training with respect to the bucket height while operating the front loader. Plaintiffs’ counsel maintained that Pitman Farms trained their front loader operators to transport product with the bucket of the front loader raised approximately four feet off the ground. Testimony revealed that the procedure allowed the maximum amount of product to be transported between the commodity bay, where the product is stored, and the loading of the trailers on the scale. Plaintiffs’ counsel contended that the process, while reckless, reduced the number of trips necessary to fill a trailer, thereby saving time, gas and, ultimately, money. Counsel asserted that the company policy and training regarding bucket height was in direct conflict with the Caterpillar’s Operation Manual, which instructs operators to raise the bucket only 15 inches above ground level during operation. As a result of the bucket being raised approximately three feet higher than the operation manual recommends, the bucket would be at a level that completely blocks the operator’s line of sight in front of him. Thus, plaintiffs’ counsel asserted that the bucket completely blocked Fuentes’ view of Beecher’s presence, and noted that Fuentes admitted that he had no idea Beecher was walking to the scale house in the path of his front loader. Multiple witnesses claimed that they saw Beecher laying on the ground after having been run over by the front loader and that Fuentes continued to operate the front loader to “top off” the load in Beecher’s trailer after the accident. Witnesses claimed that Fuentes did not stop loading operations until witnesses flagged him down. Defense counsel contended that Pitman Family Farms’ employee, Fuentes, followed all company procedures and safely operated the front loader at the time of the incident. Counsel also contended that Beecher was negligent for not paying attention and not being aware of the location of the front loader at all times, and for walking in front of the front loader’s known path of travel. Defense counsel asserted that Beecher had been warned in writing on prior occasions that he needed to always be aware of the location front loader operation while in the commodity barn and to always make eye contact with the driver of the front loader. Counsel also asserted that video surveillance of the incident showed Beecher looking in the opposite direction of the front loader as it approached him, indicating that Beecher was not paying attention in the high traffic area at the time of the subject incident and violated the prior warnings and procedures that were in place., Beecher was struck by the bucket on the front loader and knocked to the ground. His legs were then run over by the front and rear tires on the driver’s side, causing devastating crush to both legs. Beecher’s ultimately caused his death following the incident. He was 62 years old. He was survived by his wife, Filomena Beecher (who was 52 at the time of the incident), and two adult daughters, Gail Jones (who was 41 at the time) and Misty Vasquez (who was 38 at the time). The decedent’s family sought recovery of wrongful death damages for the loss of a husband and father.
COURT
Superior Court of Fresno County, Fresno, CA

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