Caterpillar Tractor Co. v. Paula Beck

CONNOR, Justice. OPINION. On June 24, 1973, Derald Allen Beck was killed when the Caterpillar 944 front-end loader which he was operating rolled over an embankment. Decedent's widow, Paula Beck, brought this action against Caterpillar Tractor Company (hereinafter Caterpillar) for the wrongful death of her husband. Beck contended that Caterpillar's failure to equip the 944 loader with a roll-over protective shield (hereinafter ROPS) constituted a design defect in the loader, and because of that defect, Derald Beck suffered fatal injuries. Following a jury verdict in favor of Beck, judgment was entered against Caterpillar in the amount of $408,594.50. Caterpillar appeals from this judgment, specifying several errors by the trial court. Beck cross-appeals, alleging that it was error for the trial court to instruct the jury on Derald Beck's comparative negligence. I. FACTS