Jury orders John Deere to pay $5 million for Stillwater man's tractor death

[Fuddy1952]

My place is very hilly. Please tell me if this is right or wrong to do.
With the FEL and backhoe both on at times, depending on what I'm doing, I have lowered the backhoe stabilizer arms down so maybe the pads are a few inches off of the ground. Also I have extended the backhoe bucket all the way out having it low and uphill. It makes a counterbalance.

 

[TMGT]

My place is very hilly. Please tell me if this is right or wrong to do.
With the FEL and backhoe both on at times, depending on what I'm doing, I have lowered the backhoe stabilizer arms down so maybe the pads are a few inches off of the ground. Also I have extended the backhoe bucket all the way out having it low and uphill. It makes a counterbalance.

Same here with the hills and I do the same with my stabilizers/ backhoe. Backhoes make excellent adjustable counterweight.

 

[dragoneggs]

Same here with the hills and I do the same with my stabilizers/ backhoe. Backhoes make excellent adjustable counterweight.

Yep swing it uphill for best CW... but I don't do that often because I have a couple switchbacks and I don't want to forget and have the BH working against me.

 

[MHarryE]

If that is the manual sent with the victim's tractor, I am shocked that this case made it to trial. That comes from having been through multiple Oklahoma fatal incidents involving off-highway machinery. In my cases all were dismissed by summary judgement (judges order) when shown the operator did not follow directions in the Operator's Manual - except one. Plantiff's lawyer found an expert witness who identified the machine involved in the incident was not built per our specifications. Supplier welded a part incorrectly so even though the operator did not use the approved safety device when working inside the machine doing maintenance, the manufacturing error resulted in undue probability of failure. We reviewed the expert witnesses findings, examined every machine in the field and found 2 others that had also been manufactured incorrectly. We had all the machines promptly quarantined until corrected and settled with the victim's family out of court. Like mentioned earlier, large companies do not want to go to court if there is the slightest possibility we will lose, as we can expect to lose. And sometimes you know that no matter if you were not at fault, you're afraid of a jury. Example - young girl riding with her father and machine plugged. He left machine running and climbed inside to clean it out. Daughter started the machine and in front of her eyes, killed her father. No way can a company win this in front of a jury. That is why manual says stop the engine, remove the key from the start switch. Even seat switches - the daughter could get in the seat and turn they key starting the machine. However, having these statements written in the manual has proven to reduce the amount of out of court settlements and increase the probability of jury verdicts being overturned on appeal.

 

[ovrszd]

I don稚 see how that would be possible. I would have rolled several times if I had done nothing but a quick drop of the bucket prevented it.

Me too!!!!

Probably by the time the tractor is leaning that far, it's going to go on over anyway.

Just one of those things that makes me go hmmmmm?.

 

[ovrszd]

My place is very hilly. Please tell me if this is right or wrong to do.
With the FEL and backhoe both on at times, depending on what I'm doing, I have lowered the backhoe stabilizer arms down so maybe the pads are a few inches off of the ground. Also I have extended the backhoe bucket all the way out having it low and uphill. It makes a counterbalance.

I do that often on my old Ford 555A. It's not nearly as stable as modern full size TLBs.

I am very, very cautious using it in steep terrain. Several times I've had it in situations that the only thing holding it upright were the outriggers and front bucket. In those situations you think twice before you activate a valve.

 

[Gator6x4]

You guys are all talking about rear weight. The operator's manual for that tractor says to use FRONT WEIGHTS with the 305 loader.

You might want to read this.

OMLVU28456

It's the 3032E, and 3038E Compact Utility Tractors Operator's Manual (NA, January 2014).

This is the Ballasting Machine section from the 3032E, and 3038E Compact Utility Tractors Operator's Manual (NA, January 2014).

Ballasting Machine section

It says with the 305 loader, to use implement code 52.

Implement code 52 says to use 9 (nine) 72 pound weights ON THE FRONT OF THE MACHINE.

If the operator's manual says to use nine 72 pound weights on the front of the machine, and there were NO weights on the front of the machine (the lawsuit says the machine wasn't ballasted from the dealer), and the owner put a box blade on the back, that would actually MAKE THE TRACTOR MORE UNSTABLE, as it would take even more weight off of the front end.

Read that entire ballasting page. It specifically says to use front weights with that loader. Then it also talks about rear wheel weights, fluid in the tires, ballast boxes on the rear hitch, etc...

When you start reading it, read it again a few times. You'll be totally confused as to what the proper way to ballast the machine actually is. Given this, I'm kinda surprised we haven't seen lawsuits on this issue before.

I'm not taking sides in either case. But the school of thought here on TBN (and expressed many times in just this thread) is that if you have an FEL on a tractor you should ballast the rear, but according to the ballasting section of this tractor's operator's manual, you should ballast the front.

Enjoy the read and have a sleepless night. :ashamed:

I think you have apples and oranges mixed up.

From the link you provided:

"IMPORTANT: Avoid Damage! Do not overload tires. Do not exceed tire maximum inflation pressure or maximum load capacity.

Add weight to machine front end if needed for stability. Heavy pulling and heavy rear mounted implements tend to lift front wheels. Add enough ballast to maintain steering control and prevent tipping. Remove weight when it is no longer needed.

IMPORTANT: Avoid Damage! Remove ballast from machine when no longer needed."

It appears John Deere is advising to use front weights when using rear implements. It also appears it says if using loader # ? use X weights.

Then when it starts giving instruction about using the loader it advises to use a ballast box.

Using Optional Rear Cast Iron Wheel Weights
IMPORTANT: Avoid damage! Do not overload tires. Do not exceed tire maximum inflation pressure or maximum load capacity.

CAUTION: Avoid Injury! Machine component or attachment is heavy. Use a safe lifting device or get an assistant to help lift, install, or remove component or attachment.

Fasten weight to each rear wheel using a safe lifting device. A total of three weights per wheel can be used. See your implement operatorç—´ manual for installation and number of weights to use.

Rear wheel weights are available from your John Deere Dealer.


Using Optional Rear Ballast Box
CAUTION: Avoid Injury! To improve front loader-machine stability, use of ballast box is recommended. Use ballast as recommended in loader operatorç—´ manual.

The rear ballast box is used for carrying ballast on the 3-point hitch. Approximate weight of different materials is given in the implement operatorç—´ manual.

"Using Optional Rear Cast Iron Wheel Weights
IMPORTANT: Avoid damage! Do not overload tires. Do not exceed tire maximum inflation pressure or maximum load capacity.

CAUTION: Avoid Injury! Machine component or attachment is heavy. Use a safe lifting device or get an assistant to help lift, install, or remove component or attachment.

Fasten weight to each rear wheel using a safe lifting device. A total of three weights per wheel can be used. See your implement operatorç—´ manual for installation and number of weights to use.

Rear wheel weights are available from your John Deere Dealer.

 

[buickanddeere]

I hope JD appeals this appalling decision. The operator's manual states in black and white what is required with loader operation.

 

[MossRoad]

I think you have apples and oranges mixed up.

....

We already determined that back in post 69.

 

[k0ua]

I don稚 see how that would be possible. I would have rolled several times if I had done nothing but a quick drop of the bucket prevented it.

Agreed... Saved my bacon more than once... Then remember NOT to do that thing that got you in your precarious position in the first place.. Just don't do that!