Hardin v. Manitowoc-Forsythe Corp.

Hardin (plaintiff) was hurt at work using a jack made by Columbus (defendant) and attached to a crane built by Manitowoc and sold by Forsythe (defendant). Hardin's employer, Combustion, was immune from suit under workers' compensation, so the jurisdiction let the jury also assign fault to nonparty "phantom" tortfeasors like Combustion, its affiliate Engineering, and Lummus. Hardin had deposed and called an Engineering employee as a witness well before trial, but had no similar notice regarding Lummus. The jury split fault among Hardin, Forsythe, Columbus, Combustion, Engineering, and Lummus, leaving Hardin able to collect only a small fraction of his damages from Columbus. Hardin appealed, arguing the trial court should never have let the jury weigh the nonparties' fault.