Article published March 31, 2007
Caterpillar Inc. not liable in death of worker, 19
WAUSEON — Caterpillar Inc. is not liable in the death of a 19-year-old college student who was using one of its machines when he was killed almost eight years ago, a Fulton County jury unanimously decided yesterday after a 2˝-week trial.
The family of Richard Beers of Bryan sought $10 million to $25 million plus unspecified punitive damages for what they said was a design defect in the backhoe Mr. Beers was using.
He was employed by a Fulton County construction firm, which is referred to as both Miller Brothers and Melco, on a job building a landfill near Mansfield, Ohio, when he was killed June 12, 1999. As part of his duties, Mr. Beers was to pick up rocks and was given the use of a 1991 Caterpillar backhoe.
Mr. Beers operated the backhoe up an incline, put it in neutral, left the motor running, and was walking down the incline when the backhoe followed him down, running him over and causing his death.
His mother, Bonnie, administrator of his estate, filed suit against Caterpillar in 2001, saying Caterpillar knew the backhoe was not safe and that it improperly and wrongfully designed the machine.
The jury decided she did not prove there was a design defect in the machine, which Caterpillar said met all the requisite standards at the time it was manufactured and was used by Mr. Beers.
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