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[W] Crane Co. v. Kitzinger1/30/2003
DATE OF JUDGMENT: 2/21/2001
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: REVERSED AND REMANDED
STATEMENT OF THE CASE
. This case involves the unfortunate death of Robert L. Kitzinger (Bob). On August 25, 1998, Bob fell down a drill rig elevator hoistway to his death. In May 1999, Lynda Kitzinger (Kitzinger) filed suit for the wrongful death of her husband against Noble Drilling Corporation (the owner of the Paul Romano), Noble (US) Inc. (Bob's employer), Friede Goldman Offshore, Inc. (formerly Ham Marine and the shipyard hired by Noble to convert the Paul Romano to a drill rig) and Crane Unidynamics/St. Louis, Inc. (Unidynamics, a division of Crane Co.) Prior to trial, Kitzinger settled with Noble Drilling Corporation, Noble (US) Inc. and Friede Goldman Offshore, Inc. Kitzinger, also amended the complaint prior to trial to name Crane Co.(Crane) as a defendant.
. On January 31, 2001, a trial was conducted in Jackson County Circuit Court, Judge Dale Harkey presiding. The jury returned a verdict of 2.5 million in compensatory damages and apportioned liability as follows: 15% to Noble, 35% to Bob and 50% to Crane. The issue of punitive damages was submitted to the jury. After the jury heard evidence, a verdict was returned against Crane in the amount of 15 million dollars in punitive damages. The trial court denied Crane's subsequent motions for JNOV and new trial. Judgment was entered against Crane for 1.25 million (50% of the 2.5 million compensatory damages) and 15 million in punitive damages. From these rulings, Crane now appeals to this Court.
FACTS
. Bob was a former U.S. Navy Master Chief Petty Officer. In 1997, Bob retired from the Navy and pursued a job in the private sector. In November 1997, Bob started work at Noble as an electronics technician (ET).
. An elevator was installed on the Paul Romano. A safety feature was installed in the elevator which prevented it from moving when the door of the elevator was open. Prior to Bob's accident, the elevator had not worked on a few occasions because the door was either not properly closed or vibrations caused the door to open.
. On August 25, 1998, Bob was working with Ed Seger (Seger)on the drilling rig's ballast control system. During the course of the night the elevator became stuck and was not available for use. Robert Wallis (Wallis), an electrician, did not look at the elevator before he went to sleep at 3:30 a.m. on August 25. Bob called Seger at 8:00 a.m. from the pump room that same morning. Bob asked Seger to see if Wallis could get the elevator to operate. On August 24, Wallis had worked his 6 a.m. to 6 p.m. shift, then continued to work until 9 p.m. after which time Wallis briefly slept and was woken at midnight to work on a crane until 3:30 a.m. on August 25. Once Seger learned of Wallis' work schedule, Seger declined to wake Wallis for the elevator repair.
. Eventually, Bob and Seger went to the elevator hoistway together. Bob descended the hoistway. When Bob was approximately half way down the shaft, he stated that he would need help. Shortly thereafter, Bob fell from the hoistway to the bottom of the shaft and called for help. Bob later died from the injuries that he sustained from the fall.
STATEMENT OF ISSUES
I. Whether the trial court erred by excluding Noble's Policy and Procedures Manual, Safety Handbook, and related testimony.
II. Whether the trial court erred by excluding the testimony of Neil Mendoza.
III. Whether punitive damages were properly assessed.
IV. Whether, in the alternative, punitive damages should be re
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