Verdict against company that ignored safety warnings is affirmed
The Estate of Clifford Proctor sued Forrest Aggregate, LLC, after Proctor was injured in the defendant's gravel mine. It secured a verdict for a little over $500,000.00, based on evidence that the defendant had failed to address warnings about braking inadequacy in the dump truck he was driving. The defendant admitted that it owed a duty under federal regulations to assure that equipment used in the mine was safe, but claimed that its' failures were not causally related to Proctor's accident and injuries.
The Court noted that the jury was presented with testimony confirming that the owner of the truck Proctor was driving had warned the mine supervisor about the brakes, along with testimony that the brakes felt "spongy" to the operator. There was also substantial testimony about air in the brake lines. The Court concluded that there was ample testimony to support the jury's verdict that the mine owner's negligence was a cause of Proctor's injuries.