Family wins $1.4 M verdict against Ryder
Claims brakes failed on rental truck, killing driver
St. Louis jury returned a $1.4 million verdict against Ryder trucks over a fatal crash allegedly resulting from a brake failure.
On Nov. 3, 2000, Paul Cravens was driving a 1998 Ford E-350 moving truck he rented from Ryder TRS, Inc and PRI Inc. d/b/a Best Rental. As Cravens approached the intersection of Highway 67 and Meyer Road in Jefferson County, he collided with the back end of an empty school bus headed back to the yard. Cravens suffered severe abdominal injuries that ultimately resulted in his death in January 2004.
Craven’s daughter, Dea Ann Pino, sued Ryder TRS, PRI and Ford Motor Company based on strict liability and negligence. Pino claimed that the rear brakes on the truck failed and did not lock up during the collision. The Missouri state trooper who responded to the crash scene testified that there was only one set of brake marks – which came from the front wheels of the Ryder truck, not the rear dual wheels.
The Ryder truck was salvaged shortly after the collision, while Cravens was still in the hospital, recovering from his injuries. This complicated the trial since Pino was not able to inspect the truck or photograph any of the rear brake components, said plaintiff’s attorney Rob Sullivan of Lexington, Mo.
“The hardest part was trying a case on a brake failure without ever getting to see the vehicle,” Sullivan said. “It’s also tough to win a case where someone was killed by hitting a big, yellow school bus with oversized brake lights on.”
At trial, Pino’s expert witnesses presented evidence from the accident reconstruction and the state trooper’s measurements indicating that the truck would have avoided the collision if the rear brakes had functioned properly. A passenger in the truck also testified about hearing a “racing engine sound” at the time of the collision. Based on this evidence and the skid marks, Pino alleged a manufacturing defect against Ford.
Pino also focused on Ryder’s alleged lack of maintenance of the truck. The plaintiffs argued that Ryder did not do any repairs or replacements of the rear brakes in nearly 90,000 miles.
Ford maintained there were no defects in the manufacturing of the truck. The defendants collectively argued that Cravens was at fault for rear-ending a stopping school bus. They presented evidence that Cravens was tailgating the bus and driving unsafely just before the collision. They also presented eyewitness testimony that Cravens was either overtired or drunk.
During cross examination of Pino, the defense elicited testimony that she had not seen her father for more than 10 years before the accident and that she had not visited her father during his multiple hospital stays the last three years of his life.
After seven days of trial and two days of deliberation, the jury returned a $1.4 million verdict against Ryder TRS and defense verdicts in favor of PRI and Ford. The jury assessed 51 percent fault to Ryder TRS and 49 percent fault to Cravens.
“The jury decided it was a maintenance issue rather than a manufacturing defect,” Sullivan said.
Stephen G. Strauss of St. Louis, attorney for Ford added, “The jury found it unbelievable that hundreds of people could rent this truck and drive it for two years and almost 90,000 miles and suddenly one day there was a manufacturing defect. We think the jury was correct in its finding,” he said, noting that “it’s been awhile since Ford got a defense verdict in the City of St. Louis,”
John F. Cooney of St. Louis, attorney for Ryder TRS and PRI, was unavailable for comment.
Seatbelt Issue
Leading up to trial, Ford filed an amended answer injecting a seatbelt issue into the case. Ford argued that Cravens was not wearing his seatbelt at the time of the collision, which would have limited his injuries.
But in Missouri, Sullivan noted, B307.178.3 states that “failure to wear a safety belt … shall not be considered evidence of comparative negligence.” A defendant can sometimes use such evidence to mitigate damages, but by no more than 1 percent of the amount awarded, he said.
Thus, the plaintiffs stipulated that Cravens was not wearing his seatbelt and instructed the jury not to consider this fact when allocating fault. The judge thereby reduced the plaintiff’s damages by 1 percent, for a net award of $700,000.
“We do this a lot because the focus is on the injury because of a defect,” Sullivan said. “In this case, the accident wouldn’t have happened at all if the brakes worked properly, so the fact that he wasn’t wearing his seatbelt was irrelevant.”
Strauss said he “wasn’t surprised” by the plaintiff’s position on the seatbelt issue, since “people are figuring out how the statute works.”
Facts of the Case
Type of Action: Wrongful death, strict liability, negligence
Type of Injuries: Death
Court/Case/Number/Date: St. Louis City, Circuit Court/032-00869/Oct. 16, 2006
Caption: Dea Ann Pino v. Ryder TRS, Inc., et al.
Judge, Jury or ADR: Jury
Name of Judge: Dennis Schaumann
Verdict or Settlement: $1.4 million verdict against defendant Ryder TRS, reduced to $700,000 after allocation of fault, defense verdicts for defendants PRI Inc. and Ford Motor Company
Special Damages: N/A
Allocation of Fault: 51 percent to defendant Ryder TRS; 49 percent to Cravens, 0 percent to defendant PRI; 0 percent to Ford Motor Company
Last Offer: N/A
Last Demand: N/A
Attorneys for Plaintiff: Robert C. Sullivan and Timothy R. Morgan, Langdon & Emison, Lexington, Mo.
Attorneys for Defendants: John F. Cooney, Baker Sterchi Cowden & Rice LLC, St. Louis (for Ryder TRS and PRI); Stephen G. Strauss and Bryan M. Groh, Bryan Cave LLP, St. Louis (for Ford Motor Company)
Insurance Carrier: Specialty National
Plaintiff’s Experts: Paul R. Lewis, Jr., Alpharetta, GA (biomechanics, injury causation); Dr. Bryan Troop, St. Louis (trauma surgeon); Jerry Wallingford, San Antonio, Texas (accident reconstruction)
Defendant’s Experts: Chuck Adams, Dearborn, Mich. (Ford engineer)
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