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JAMESON V. LIQUID CONTROLS CORP.
Allan Jameson and his son, Richard, worked together in their family business, Sandhill Oil Company. Allan, over 37 years, had grown the business from a two-customer beginning to its role as a major supplier of fuel for local farmers and ranchers. Richard, since he was five years old, aspired to one day follow in his father’s footsteps by taking over the family business. Richard’s plans—and his whole life—changed one hot summer afternoon. We recount the story by looking at the opening statement and closing argument Mr. Pahlke made for Richard to a Lincoln County jury. Out of respect for Richard and his family, we left out descriptions of the extensive and permanent injuries Richard tragically suffered.
The Day that Changed Everything
“It was a Sunday…in the middle of haying season, and it’s late in the afternoon, … Allan and Richard are getting ready for business the next day,” Mr. Pahlke began. “And Richard thinks to himself, ‘Pretty soon I’ll be going home, I’ll be going home to my wife and kids.’” After a pause, Pahlke finished the thought: “Richard Jameson did not go home that night. Richard Jameson did not go home for the next 90 nights.”
The Injury
How could Richard have been so wrong in thinking he could go home to his family? Because, unbeknownst to him or Allan, they were working with defective gasoline equipment. The equipment included a Liquid Controls meter—which was brand new—and a Blackmer pump. There was no warning that these products could, even when used correctly, cause serious injury or death.
The injury happened at their service station where Allan and Richard were attempting to solve the mystery of the malfunctioning system. After Allan turned the Blackmer pump on, only a small amount of gas registered in the Liquid Controls meter. Confounded by the failure of a brand new meter, he tried to understand what went wrong by examining the device. A few minutes later, Allan turned the pump on again. This time it unexpectedly worked and shot gasoline—liquid and vapor—through the system with enough force that it escaped, shot in Richard’s direction, exploded into flames, and engulfed Richard.
The Liquid Controls Meter and the Blackmer Pump
What was wrong with this equipment? How could it cause such a tragedy? Pahlke summed up the manufacturers’ failures in five points: they failed to “design and manufacture a safe product...to test the product…to know their customers…to educate their customers…and to warn the customer that…there is anything unsafe or potentially dangerous about the product.”
In particular, Liquid Controls failed to put a sufficiently protective strainer on its meter; this meant that particles that could clog the meter could get through the “protective” strainer. Pahlke described this inexplicable failure saying, “Even though [an effective strainer] ought to be on there, it’s like Liquid Controls saying to you, ‘I know you bought the car but the headlights were optional. If you’re going to drive after dark you should put on headlights.’ That’s ridiculous.”
The Closing Argument
Though the trial began with two defendants—Liquid Controls and Blackmer—it ended with one. Blackmer after participating in the trial and approximately two minutes before the closing argument, thought it best to settle than let the jury decide. This left only Liquid Controls.
Near the end of his closing argument, Pahlke showed the jurors that the lone remaining defendant was going to ask them for a favor:
“They are going to be asking you for immunity from being responsible.” They are asking for “a King’s X so they don’t have to step up to the plate, and do what responsible manufacturers have to do.”
He then asked the jury to hold them accountable:
“On behalf of Richard Jameson I’m asking you to say no, no, mister manufacturer, not today, not ever. You don’t get to do this to Richard Jameson.”
In his last minutes, Mr. Pahlke talked about how clients like Richard enrich his life:
“You know, one of the best things about this case is that I got to meet Richard. This case has been a struggle, been a fight every inch of the way. But Richard has always been a guy who has never quit. And, he is a person that I’d like to have my children be like."
| Bob’s Thoughts: “As I often say, one of the best parts of my profession is meeting and getting to know clients of great character and courage, Richard was such a client.” |
He finished with,
"I have mixed emotions, I hate to let go, because as soon as I sit down I can no longer be responsible for Richard’s future. I’ve done all that I can. And when I sit down I begin to feel this burden that we’ve borne so long together, being lifted from our shoulders. His future is in your hands. And I ask that you guard it well. Thank you."
| Bob’s Thoughts: “This part of a case is always hard for me. We ’ve dedicated so much energy and time to a client and I have to let it all go and leave the jury to decide if my client gets compensation for what has happened to him. I think it’s important to let the jury know that from the point that I sit down, they control the rest of my client’s life.” |
The jury returned with a verdict of $5,000,000, the largest personal injury verdict in the history of Nebraska at that time.
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