Crouch et al v. Teledyne Continental Motors, Inc.

Filing 383

Order on Jury Trial as set out. By separate document, the Court will enter judgment in accordance with the verdict of the jury. Signed by Judge Kristi K. DuBose on 8/9/2011. (Attachments: # 1 Verdict) (mca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

LARRY DALE CROUCH, RHONDA )
MAE CROUCH, TEDDY LEE
)
HUDSON, and CAROLYN
)
SUE HUDSON
)
)

Plaintiffs,

)
)

)

V.

)

TELEDYNE CONTINENTAL
MOTORS, INC.,

)
)

)

Defendant,
BRIDGEFIELD CASUALTY
INSURANCE CO.,

Intervenor Plaintiff.

CIVIL ACTION No. 10-0072-KD-N

)

)
)

)
)

VERDICT
STRICT LIABILITY

1l Are you satisfied by a preponderance of the evidence that when
TCM sold the magneto it was defective and unreasonably dangerous

and that the magneto was a substantial factor in causing the accident?

YES

o lf you answered NO to question #1 then skip questions #1a and
#1b and proceed to questton #2.
1

o

lf you answered YES to question #1 then proceed to questions #1a
and

1

a)

#1 b.

Do you find that the magneto was defective and unreasonably

dangerous based on an unreasonably dangerous design defect?

YES

NO

1 b) Do you find that the magneto design was adequate but was

unreasonably dangerous because use of the product in a foreseeable
manner involves substantial risk of injury, and the manufacturer failed

to give adequate warning of such danger?

YES

NO

NEGLIGENCE

2l Are you satisfied by a preponderance of the evidence that after
the magneto was sold that TCM negligently failed to warn that the
magneto was unreasonably dangerous and that such failure was a

substantial factor in causing the crash?

YES

.

NOV

Proceed to question #3.

3

,/

BREACH OF WARRANTY
3) Are you satisfied by a preponderance of the evidence that the

magneto was unfit for its intended purpose and that this defect was a

substantial factor in causing the crash?

YES

o lf you answered YES to either question #1,#2, or #3, then proceed
to question #4.

.

ff you answered NO to all of questions #1, #2, and #3, then sign

and date this verdict.

4

APPORTIONMENT OF FAULT

4l

Are you satisfied by a preponderance of the evidence that Larry

Crouch failed to exercise the degree of care that an ordinary prudent
pilot would exercise under the same or similar circumstances and that

this failure was a substantial factor in causing the crash?
YES

NO

o

ff you answered NO to question #4, proceed to question #5.

a

lf you answered YES to question #4, proceed to question #4a.

4al What portion of fault is attributable to Larry Grouch's failure to
exercise ordinary care?
Larry Crouch

%

TCM

%

TOTAL:

100 % (the percentages must total 100%)

lf you apportion 100% of fault to Larry Crouch, then sign and date

this verdict. Otherwise proceed to question #5.

5

DAMAGES

5) What sum of money do you believe will fairly and reasonably
compensate Larry Grouch for the damages you believe he has
sustained directly by reason of the crash:

(a) Past physical and mental pain and suffering, if any;
$

(b) Future physical and mental pain and suffering, if any;
$

(c) Reasonable and necessary medical expenses
Incurred to date, if any;
$

(d) Reasonable and necessary medical expenses which
he is reasonably certain to incur in the future, if any;
$

(e) Permanent impairment of his power to earn money,

if any.
$

.

Proceed to question #6.

6

6) What sum of money do you believe will fairly and reasonably
compensate Rhonda Crouch for loss of services, assistance, aid,
society, companionship and conjugal relationship of her husband, Larry
Grouch, you believe from the evidence she has sustained or is
reasonably certain to sustain in the future as a direct result of his

injuries.
(a) Loss of consortium, if any

o Proceed to question #7.
7) What sum of money do you believe will fairly and reasonably
compensate Teddy Hudson for the damages you believe he has

sustained directly by reason of the crash:
(a) Past physical and mental pain and suffering, if any;
$

(b) Future physical and mental pain and suffering, if any;
$

(c) Reasonable and necessary medical expenses

incurred to date, if any;
$

(d) Reasonable and necessary medical expenses
7

which he is reasonably certain to incur in the
future, if any;
$

(e) Permanent impairment of his power to earn money,

if any.
$

r

Proceed to question #8.

8) What sum of money do you believe will fairly and reasonably
compensate Garolyn Hudson for loss of services, assistance, aid,
society, companionship and conjugal relationship of her husband,
Teddy Hudson, you believe from the evidence she has sustained or is
reasonably certain to sustain in the future as a direct result of his

injuries.
(a) Loss of consortium, if

.

Proceed to question #9.

any

$

PUNITIVE DAMAGES

9)

Do you find by clear and convincing evidence that Teledyne

Gontinental Motors acted in reckless disregard for the lives, safety or
property of others?
Yes

.
.

No

lf you answered NO, then sign and date this form.
lf you answered YES then proceed to question #10.

10) Please state the amount, if ?hy, that should be awarded to
Plaintiffs as punitive

damages.

$

SO SAY WE ALL,

FOREPERSON

DATED:

SAutu tl

FILED IN OPEN GOURT THIS THE
DAY OF AUGUST, 2011.

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DEPUTY

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CLERK J
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