Skyhook Corp. v. Jasper

John Jasper (plaintiff), the personal representative of decedent Malvin Mack Brown, brought a wrongful-death action against Skyhook Corp. (defendant), the seller and manufacturer of a 100-foot telescoping crane rig purchased in 1968 by Brown’s employer, Electrical Product Signs, Inc. The crane had performed well for five years, causing no injuries during that time. In 1973 Brown, an apprentice sign installer, was fatally electrocuted while helping install a heavy metal signpost for a Phillips 66 gas-station sign. Brown and his boss were aware of overhead high-voltage lines on the work site. A clearly written warning on the crane indicated that the crane and its load must not be positioned within 10 feet of voltage lines. Brown and his boss had read the warning on the crane and were verbally reminded of the warning by the gas-station operator. There was a tape measure in the cab of the crane so that workers could ensure the crane was positioned far enough from electric lines. The day of the accident, Brown’s boss made a visual assessment that the crane was at least 10 feet from electric lines. Neither Brown’s boss nor Brown measured the distance to confirm the estimate was accurate. As Brown’s boss used the crane to swing the heavy pole into its hole, the pole contacted the overhead electric line. Brown, who was guiding the metal pole by hand, was fatally electrocuted. Jasper alleged Skyhook’s crane was unreasonably dangerous because Skyhook could have modified the crane with safety devices such as the insulated link or a proximity-warning device. In 1968, when Skyhook manufactured and sold its crane, no crane manufacturers installed the insulated link, a $300–$400 device that prevented electrocution by isolating the lifting hook from the lifting line and cable. Also in 1968, no crane manufacturers provided $700 proximity-warning devices on their cranes, which activated alarms if a crane approached voltage lines. Skyhook filed a motion for a directed verdict, asserting that the product warning on its crane satisfied its duty to warn of the hazards of operating near electric lines. The lower court granted the motion for a directed verdict, ruling in favor of Skyhook. Jasper appealed, and the appellate court reversed the lower court’s directed verdict. The state supreme court issued a writ of certiorari to review the lower courts’ decisions.