$1.5 Million Wrongful Death Verdict Against Caterpillar Over Missing Rollover Protection

On November 8, 1977, Jerry Donahue was operating a Caterpillar model 988 wheel loader at a worksite in Carbon County, Wyoming. The machine rolled over. Without a rollover protection structure, the cab offered no meaningful barrier between Donahue and the ground. He was killed.

His widow, Gloria Donahue, acting as administratrix of his estate, brought a wrongful death action against Caterpillar Tractor Company. The theory at trial was straightforward: Caterpillar had manufactured the loader in 1966 without a rollover protection structure, a device that was both known and feasible at the time, and that omission made the machine unreasonably dangerous.

Caterpillar's defense relied partly on industry custom, arguing that machines of that era were commonly built without ROPS. Jim Fitzgerald challenged that framing directly. He presented evidence that safer designs existed and were known to Caterpillar at the time of manufacture, making the industry's general practice the problem rather than the defense.

The Carbon County jury found Caterpillar negligent and awarded Gloria Donahue $1,500,000. Caterpillar moved for judgment notwithstanding the verdict; the trial court denied that motion. Caterpillar then appealed and Donahue cross-appealed to the Wyoming Supreme Court.

In its December 22, 1983 opinion, the court affirmed the judgment in full. It held that a manufacturer owes a duty to ensure its products are reasonably safe and that industry custom alone does not define the standard of care where safer alternatives were available and practicable. The $1.5 million verdict stood without reduction.