Date: 01-25-2020

Case Style:

Case Number: CJ-2017-199

Judge: Phillip C. Corley

Court: District Court, Payne County, Oklahoma

Plaintiff's Attorney:

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Defendant's Attorney: Denelda Lynne Richardson and Lauren M. Marciano

Description: Stillwater, OK - Shylah D. Beall sued Deere & Company and P & K Equipment, Inc. on a wrongful death product liability theory claiming that her husband James Beall, age 38, was killed in a tractor rollover accident on May 25, 2014 while operating a John Deere tractor purchased from P & K Equipment, Inc. Plaintiff claimed that the tractor, as sold to her husband, was defective and unreasonably dangerous because it lack the counterweights that should have been installed on the tractor, which was equipped with a front-end loader.

The Petition filed by the Plaintiff states, as follows:

PETITION

COMES NOW the Plaintiff, Shylah D. Beall, by and through her attorneys of record, Donald E. Smolen, II, and Laura L. Hamilton of the law firm SMOLEN, SMOLEN & ROYTMAN, PLLC, and for her cause of action against Defendants, states as follows:
PARTIES, JURISDICTION AND VENUE

1. Plaintiff is a resident of Oklahoma residing in Payne County, Oklahoma at all times relevant hereto.
2. Defendant Deere & Company ("Deere") is a foreign corporation that, upon information and belief to be confirmed through discovery, does business in Oklahoma and has substantial ties to Payne County, Oklahoma.
3. Defendant P&K Equipment, Inc. ("P&K"), is an Oklahoma corporation with its principal place of business located in Oklahoma.
4. The accident, injuries, acts, and omissions subject to this dispute occurred in Payne County, Oklahoma.
5. This Court has jurisdiction and venue is proper in Payne County, Oklahoma.
6. This case was originally filed on August 17, 2015, resulting in case number CJ-2015-332, assigned to Judge Phillip Corley. The case was dismissed without prejudice on April 25, 2016. It is being re-filed within one (1) year pursuant to 12 O.S. § 100.
STATEMENT OF FACTS

7. Paragraphs 1-6 are incorporated herein by reference.

8. On or around May 25, 2014, Plaintiffs husband, James Chad Beall ("Beall"), was operating a 2013 John Deere 305 Tractor Model 3038E (1LV3038EKDH513490) with John Deere 305 Loader and Frontier Equipment BB5060 Box Blades (1XFBB50XAD0001920) designed/ manufactured/distributed/sold by Defendants to Beall in a defective condition.
9. Plaintiff and Beall were, at all times relevant hereto, persons who used and/or could have been reasonably affected by the tractor.
10. Beall, on said date, was instantly killed when the tractor rolled over him.

CAUSE OF ACTION

(As TO ALL DEFENDANTS)

A. NEGLIGENCE

11. Paragraphs 1-10 are incorporated herein by reference.

12. Defendants owed a duty to Plaintiff to use reasonable care in the design, manufacturing, inspection, and/or distribution of its tractors and related products. Further, Defendants had a duty to adequately warn of foreseeable dangers arising out of the use of the tractors and related products it designed, manufactured, inspected, and/or distributed.
13. Defendants breached these duties by failing to provide adequate warnings, and by further

manufacturing and distributing the tractor in such a way that it would cause injury or death.



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14. Furthermore, upon information and belief that will be confirmed through discovery, the tractor at issue was provided by Defendants in such a way as to expose Beall to even further risk in the operation of the tractor.
15. Beall was killed as a result of the acts and omissions of Defendants.

16. Plaintiffs subsequent injuries and damages are the result of the acts and omissions of Defendants.
B. MANUFACTURER'S PRODUCTS LIABILITY

17. Paragraphs 1-17 are incorporated herein by reference.

18. Defendants designed, sold, leased, or otherwise distributed the tractor that killed Beall.

19. Defendants were in the business of designing, manufacturing, selling, leasing, or distributing such tractors and related products.
20. The tractor in question was defective and, because of the defect, the product was unreasonably dangerous. Furthermore, Plaintiff and Beall were persons whom Defendants could foreseeably expect to be affected by the tractor and its defects.
21. The tractor was defective at the time it was manufactured, distributed, and/or sold by Defendants, and it left their control in such a state.
22. Plaintiff has suffered considerable damages as a result of the defective tractor.

C. BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY

23. Paragraphs 1-22 are incorporated herein by reference.

24. At all times relevant to the chain of distribution of the tractor in question, Defendants were merchants in the business of designing, manufacturing, selling, and/or distributing said tractor.

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25. Defendants designed, manufactured, sold, and/or distributed the tractor in question that killed Beall and caused Plaintiffs injuries.
26. The tractor in question was designed, sold, manufactured, and/or distributed by Defendants and contained an implied warranty that it would not be defective or unreasonably dangerous.
27. The tractor that killed Beall and caused derivative injuries to Plaintiff was not merchantable at the time it was manufactured, sold, and/or distributed in that it was defective and unreasonably dangerous.
28. Plaintiff has suffered considerable damages as a result of the breach of implied warranty by Defendants.
D. PUNITIVE DAMAGES

29. Paragraphs 1-28 are incorporated herein by reference.

30. The willful, wanton, and reckless conduct of Defendants, specifically the reckless disregard and indifference to the safety, health, and well-being of Beall and Plaintiff, violated federal, state, and industry standards and regulations. Consequently, Plaintiff is entitled to an award of exemplary damages under Oklahoma law.
31. The acts of Defendants were wrongful, culpable, and so egregious that punitive damages in a sum that exceeds Seventy Five Thousand Dollars ($75,000.00) should be awarded against them to set an example to others similarly situated that such conduct will not be tolerated in our community.
WHEREFORE, based on the foregoing, Plaintiff prays that this Court grant her the relief sought including, but not limited to, actual damages in excess of Seventy Five Thousand Dollars ($75,000.00), punitive damages in excess of Seventy Five Thousand Dollars ($75,000.00), with interest accruing from the date of filing of suit, reasonable attorney fees, and all other relief deemed appropriate by this Court.

The statement of the case read to the jury by Judge Corley read, as follows:

"The Parties to this case are the Plaintiff, Shylah D. Beall, surviving spouse and Personal Representative of the Estate of James Beall, and the Defendant, Deere & Company.

The parties agree that on May 25, 2014, James Beall was operating a 2013 John Deere 3038E compact utility tractor with 305 Loader and box blade attached when there was an incident where the tractor ended up on its side with James Beall under the tractor. Mr. Beall died from asphyxiation as a result of the incident. The parties also agree that the subject tractor was designed and manufactured by the Defendant Deer & Company and distributed by P & K Equipment, Inc.

Plaintiff claimes that when Deere and Company combined the 3038E Compact Utility tractor with a 305 loader, the resulting product sold by Deere and Company and distributed by P & K Equipment, Inc. was unreasonably dangerous to the ordinary user in that it was prone to tip-over and/or roll-over.

The Defendant maintains that the Deere Model 3038E compact utility tractor with front loader and box blade was not defective or unreasonably dangerous in either design or manufacture and the incident result in a 1 and 1/4 (5/4) rollover and that Mr. Beall's ejection and subsequent death were the result of not using the seatbelt that is part of the roll-over protection system.

These are the issues you are to determine."

Outcome:

BLUE VERDICT FORM (WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IS FAVOR OF THE PLAINTIFF, SHYLAH BEALL AS FOLLOWS:
1.: THE DOLLAR AMOUNT OF HER ACTUAL DAMAGES IS THE SUM OF $3 MILLION.
2: WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, DEERE & COMPANY, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS.
SIGNED BY 11 JURORS)



BLUE VERDICT FORM (WE, THE JURY, EMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IS FAVOR OF THE PLAINTIFF, SHYLAH BEALL AS FOLLOWS:
1.: THE DOLLAR AMOUNT OF HER ACTUAL DAMAGES IS THE SUM OF $3 MILLION.
2: WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT THE DEFENDANT, DEERE & COMPANY, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS.
SIGNED BY 11 JURORS)

Plaintiff's Experts: Jeremy S. Daily, Ph.D., engineer and William M. Clark, Ph.D., economist

Defendant's Experts: Carlton Hearn, Deere and Company, Product Safety Engineer and Andrew Irwin, Scientific Analysis, Inc., Dallas, Texas

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