The firm obtains summary judgment in Missouri wrongful death case

The Circuit Court of Cape Girardeau, Missouri recently granted a Motion for Summary Judgment filed by the firm on behalf of Dwain Manche, d/b/a G&D Logging, in a wrongful death case arising from the death of Jason Austin. Mr. Austin was crushed to death by a partially loaded tractor-pull sled when he and other volunteers of the River Hills Antique Tractor Club, including Dwain Manche, were attempting to load the sled's weight box with 50 pound concrete weight barrels in preparation for transport of the sled to another location for a tractor pull event. The sled was unsecured at the time in that the front of it was not connected to a tractor; and as they were loading the sled, its center of gravity changed, causing the sled to move forward and pin Jason Austin against the weight of the sled. Mr. Manche was not a member of the tractor club; rather, one of the members had asked him to help load the sled because Mr. Manche had a piece of equipment necessary for loading the weight barrels into the sled's weight box. The heirs of Jason Austin sued River Hills Tractor Club, Dwain Manche, and several of River Hills. board members for wrongful death, alleging that they negligently loaded the tractor-pull sled so as to cause it to become unbalanced and tip over. Defendant Manche moved for summary judgment under the Federal Volunteer Protection Act, 42 U.S.C. § 14501, et seq., on the basis that he is immune from liability because: (1) he was a "volunteer," as defined by the Act; (2) River Hills Antique Tractor Club is a "nonprofit organization," as defined by the Act; (3) at all time relevant to the subject accident, defendant Manche was acting within the scope of his duties as a "volunteer" for River Hills Antique Tractor Club; and (4) contrary to Plaintiffs' allegations, there is no evidence that defendant Manche's actions or inactions constituted "willful negligence," criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of others. Based upon the uncontroverted facts, the trial court granted summary judgment to defendant Manche finding that he was immune from liability under the Federal Volunteer Protection Act.