ATLA Law Reporter
Kaffeman v. Robert Maclin & Yellow Freight, Ohio, Cuyahoga County C.C.P., No. 369033, Nov. 19,1999.
Kaffeman, 69, was killed when a compactor-baler fell on him while a
driver for Yellow Freight Systems was unloading it from a forklift.
Kaffeman had been a shipping business owner earning $18,000 annually.
He is survived by his wife and three adult daughters.
Kaffeman's
wife, individually and on behalf of the estate, sued the driver and
Yellow Freight Systems, alleging failure to (1) adequately package and
transport the compactor-baler, and (2) properly train and certify the
driver. Suit also alleged respondeat superior liability.
Defendants
countered that Kaffeman was comparatively negligent in that he knew or
should have known the danger in standing near the unloading area of a
compactor.
Defendants also claimed fellow or loaned servant
immunity. Defendants asserted that the driver became Kaffeman’s loaned
servant during the unloading process, thereby baring suit against
defendants because of workers' comp immunity.
The jury awarded
plaintiffs about $1.88 million, induding $1 million punitive damages.
The jury found Kaffeman 47 percent negligent, however, plaintiffs have
filed a motion to preclude any reduction of the compensatory damages
award.
Plaintiffs’ expert in forklifts, trucking, packaging, and
training was V. Paul Herbert, Quincy, Cal. Plaintiffs’ economic loss
expert was Harvey Rosen, Cleveland, Ohio.
Plaintiffs' Counsel
*Phillip A. Ciano, Cleveland, Ohio
