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Wells v. Komatsu America International Co.8/26/2005
{ } This case arises out of a wrongful-death claim filed by Kathy Wells in her individual capacity and as the administrator of her husband's estate. On the morning of October 28, 1999, Ralph Wells was part of a crew laying storm pipe for his employer, Performance Site Management, at a job site in Hamilton County, Ohio. Wells's co-worker Johnny Young was operating an integrated earth-moving machine consisting of a Komatsu PC-650 LC5 excavator, a Hendrix hydraulic coupler, and an Esco 54-inch excavation bucket. Wells was working in an excavation trench, laying large concrete pipe, when the bucket unexpectedly detached from the Hendrix coupler and pinned Wells against the storm pipe. Wells died from his injuries on November 7, 1999.
Komatsu America Corporation
{ } Performance Site Management purchased the excavator and the coupler ("the integrated product") from Columbus Equipment Company in 1995. Columbus Equipment installed the Hendrix coupler on the Komatsu excavator at Performance's request. The Komatsu excavator component was manufactured by Komatsu Ltd., a Japanese company. Defendant-appellee Komatsu America International Company, now known as Komatsu America Corporation, is the distributor for Komatsu Ltd., and it sold the excavator component at issue to Columbus Equipment. Komatsu America Corporation stipulated that pursuant to R.C. 2307.78(B)(4), it was the manufacturer of the excavator component.
Hendrix Manufacturing Company
{ } The coupler component was manufactured by Hendrix Manufacturing Company in Louisiana. Hendrix manufactured hydraulic couplers to be used on excavators. The basic design was the same for all excavators, regardless of make or model. The only difference was that each coupler model was sized to fit the pin dimensions for each respective excavator model. Hendrix manufactured its coupler to be installed, by direct pinning, on the end of the arm of an excavator. Once installed, the coupler allowed an excavator operator to quickly change attachments, most commonly, different-sized buckets. For the particular Hendrix coupler involved in this accident, a Performance crew would typically change buckets 70 to 80 times a day. Hendrix provided purchasers with all the necessary instructions and hardware to attach a coupler to its excavator. These came in the form of a coupler hydraulic kit and an instruction manual. Hendrix's engineers testified that Komatsu was not consulted on, and did not participate in, the design of the coupler.
Columbus Equipment Company
{ } Columbus Equipment Company was a privately held company that sold various lines of excavators and excavator attachments. Columbus Equipment had a contract with Komatsu to sell Komatsu's products. After it was visited by a Hendrix sales representative in the early 1990s, Columbus Equipment became a dealer for Hendrix couplers. Columbus Equipment's customers typically chose which attachments to purchase for a particular excavator. Columbus Equipment would then install the attachments if requested by the customer. Sales records indicated that Columbus Equipment charged Performance Site Management for its assembly of the Komatsu excavator and Hendrix coupler involved in Wells's accident.
The Wrongful-Death Lawsuit
{ } Wells's estate brought suit against Komatsu America Corporation, Hendrix Manufacturing Company, and Columbus Equipment Company for negligence, statutory products liability, breach of express and implied warranties, and loss of consortium. Wells's estate also sued Performance Site Management for intentional tort, fraud, and spoliation of evidence. Wells's estate sought compensatory damages, punitive damages, reason
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