SACRAMENTO — An insurance carrier is suing a machinery distributor, alleging negligence and strict liability in tort.

Zenith Insurance Co. filed a complaint Nov. 6 in U.S. District Court for the Eastern District of California against Deere & Company, alleging the machinery distributor obtained profit through distribution of a substandard product.

According to the complaint, on Nov. 7, 2015, Zenith Insurance suffered monetary losses from having to pay emoluments to Gerald Zarazua, an insured customer, for injuries he sustained from operating a defective and dangerous backhoe, manufactured and distributed by Deere, during the course of his employment. 

The plaintiff alleges Deere failed to adopt and implement adequate safety procedures and policies, failed to install an operator presence detector to prevent accidents and failed to warn of the latent defects.

Zenith Insurance seeks trial by jury, all workers’ compensation benefits paid to the insured for future disability benefits and costs of medical care and treatment, costs of court and all further relief the court deems just. They are represented by attorney Eric V. Grijalva of Parker, Kern, Nard & Wenzel in Fresno.

U.S. District Court for the Eastern District of California case number 17-cv-01493

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