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Lynden Inc. v. Walker9/14/2001
No. 5468
I. INTRODUCTION
Lynden Logistics appeals a judgment entered against it in a personal injury suit brought by James Walker. Lynden argues that the trial court erred in not granting Lynden summary judgment because it had no duty to Walker to load materials so that Walker could safely unload them and because there were no material facts at issue. Lynden also argues that the trial court erred in its jury instructions, abused its discretion in permitting one of Walker's expert witnesses to testify, erred in not granting JNOV on Walker's claim for future medical expenses, and erred in denying Lynden's motion for JNOV or a new trial.
Because Lynden had a duty to Walker to load the materials so that they could be safely unloaded, and there was a question of fact whether Lynden fulfilled its duty, we affirm the superior court's refusal to grant summary judgment or JNOV. We find that any confusion in individual instructions was harmless when considered in light of the instructions as a whole. We further find that the superior court did not abuse its discretion in permitting one of Walker's experts to testify. But because Walker failed to provide data on which the jury could reasonably rely in estimating future medical expenses, we vacate the award of future medical expenses and remand for remittitur.
II. FACTS AND PROCEEDINGS
James Walker, an employee of H.C. Price Co., broke his ankle on February 19, 1993, while unloading pipe saddles from a truck at a construction site on the North Slope. The injury required eight surgeries on and fusion of his ankle, and led to several infections which required skin grafts. Walker will limp for the rest of his life.
Lynden Logistics, Inc., operated a warehouse facility owned by Arco. Lynden was responsible for managing the warehouse. When Arco contractors ordered construction material from the warehouse, Lynden employees staged and loaded the materials onto trucks supplied by the contractor. At the time of Walker's injury , his employer, H.C. Price, was building a pipeline for Arco.
On the date of the accident, Walker was sent to unload pipe saddles from a truck and to transport the saddles with a forklift to the construction site. Pipe saddles are U-shaped steel structures which weigh between 250 and 300 pounds. The truck Walker was instructed to unload carried six saddles banded to wooden pallets, and three loose saddles. It was a common practice at the warehouse for Lynden employees to load saddles without a pallet.
Walker unloaded the six saddles banded to pallets using his forklift. He attempted to unload the loose pipe saddles by hand with the help of the truck driver. Walker fell when they lost control of one of the pipe saddles, and shattered his ankle.
Walker sued Lynden, claiming that Lynden was negligent in failing to secure the loose saddles to pallets, and that this failure caused the accident. Lynden moved for summary judgment, asserting that it did not have a duty to load the saddles in a way that would protect Walker from injury when he unloaded them and that "all the evidence shows the plaintiff's injuries were caused by his own neglect, not defendant's acts or omissions." The superior court denied Lynden's motion, holding that Lynden had a duty to Walker based on the Restatement (Second) of Torts ยงยง 391-393. The court found that there was a factual dispute as to whether Lynden's failure to bind the loose saddles to pallets was negligent.
At trial, some witnesses testified that loading loose pipe saddles onto trucks was a common practice. But other witnesses testified that loading loose saddles was dangerous and that prio
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