Caterpillar Tractor Company v. Anthony Paul Cropper

Anthony Paul Cropper, an employee of the Chevron Resources Uranium Mine in Pana Maria, Texas, was injured when the Caterpillar 651B water wagon he was operating ran over a large, folded metal backhoe track. Suit was brought against Caterpillar on theories of strict product liability and negligence The jury found against Caterpillar on all liability issues and refused find Cropper contributorily negligent. On appeal Caterpillar raises various points of error, including the contention that the jury's failure to fin Cropper contributorily negligent was against the great weight and preponderance of the evidence. We agree and remand the case for a new trial. On December 29, 1981, Anthony Paul Cropper was operating a Caterpillar 651B water wagon. The 651B water wagon is a large off-road vehicle used spray water for dust control. The cab of the vehicle, designed an manufactured by Caterpillar, contains the operator's seat, the controls an the engine compartment. The cab is connected to a large water tank via gooseneck-type connection. The tank holds over 12,000 gallons of water an is equipped with nozzles at the rear which can spray water about thirty feet to either side. The operator's seat in the cab is positioned on the left. The engine is situated to the right front of the operator's compartment. The engine has a large muffler and air cleaner which extend from the engine compartment. The muffler is about five feet high and is oblong shaped, wit the narrower side facing the operator. The air cleaner is approximately one-half as tall as the muffler, but is larger in diameter. The muffler is located about six feet and the air cleaner about nine feet from the driver' position.