Caterpillar Tractor Co. v. Donahue

Jerry Donahue was killed on November 8, 1977, when the front-end loader he was operating rolled over and crushed him inside the fiberglass cab. Afterwards, his wife, Gloria Donahue, initiated this suit, a wrongful death action, against the manufacturer of the loader, Caterpillar Tractor Company (hereinafter Caterpillar). The loader involved here was a caterpillar model 988 wheel loader manufactured in 1966. The case was tried to a jury on the theory that Caterpillar had negligently manufactured the loader in 1966 without a rollover protection structure, also known as a ROPS. At the close of the Donahue case in chief and again at the close of rebuttal, Caterpillar unsuccessfully moved for a directed verdict. After receiving the case, the jury concluded that Caterpillar was negligent and awarded Mrs. Donahue $1,500,000. Caterpillar then moved for a judgment notwithstanding the verdict, which motion was denied. Caterpillar appealed and Donahue cross-appealed.