Bernard J. Collins and Marian Collins v. The Ridge Tool Company

520 F.2d 591, 1975 U.S. App. LEXIS 13159
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 13, 1975
Docket73-1337
StatusPublished
Cited by31 cases

This text of 520 F.2d 591 (Bernard J. Collins and Marian Collins v. The Ridge Tool Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bernard J. Collins and Marian Collins v. The Ridge Tool Company, 520 F.2d 591, 1975 U.S. App. LEXIS 13159 (7th Cir. 1975).

Opinions

GRANT, Senior District Judge.

Appellees Bernard J. Collins and Marian Collins brought the present action against appellant, The Ridge Tool Company, for injuries sustained by Bernard Collins while he was using a Rigid 300 Power-Drive designed, manufactured, and sold by appellant. The Rigid 300 is a portable machine used by plumbers for cutting, reaming, and threading pipe. When the machine is used to cut pipe in accordance with the instructions set forth in the Operator’s Manual, the pipe is inserted into the unit, the speed chuck (a securing clamp) and centering devices are tightened, and the cutter is applied to the pipe and its blade tightened until it contacts the pipe. Then the power is turned on, and the cutter blade is tightened until the cut is completed. Appellee, a master plumber, had used the Rigid 300 and machines similar thereto on many occasions prior to the accident. Nevertheless, on 28 November 1967, while appellee was using the machine to [593]*593cut a 12-inch section of pipe, the front of his jacket became entangled in the rotating pipe. The machine toppled over, and appellee sustained severe injuries to his left arm. Subsequently, the arm had to be amputated immediately above the elbow.

In the district court, the jury found both appellant and appellee causally negligent; attributed 65% of the negligence to appellant and 35% to appellee; and assessed total damages in the amount of $247,737.75. After the damages were reduced to reflect the contributory negligence of appellee, judgment was entered against appellant in the amount of $161,-029.54 together with costs and interest. Thereafter, an order denying appellant’s Motion for Judgment Notwithstanding the Verdict or for a New Trial was entered. Appellant thereupon instituted the present appeal from the judgment and order in the court below.

In support of its position on appeal, appellant Ridge Tool argues initially that it breached no duty to appellee as a matter of law. In this regard, appellant claims that it cannot be held liable where the danger associated with the Rigid 300 was open and obvious and since the possibility of injury from contact with a moving part of the machine was readily apparent to appellee, a man who had owned and operated the machine “hundreds of times”. Further, the fact that the dangers inherent in the Rigid 300 were open and obvious, argues appellant, rendered unnecessary the giving of any warning to the user. Finally, with respect to the issue of appellant’s duty to appellee, it is argued that the alleged' lack of written instructions as to how to operate the Rigid 300 cannot support a finding of liability, given appellee’s past experience in using the Rigid 300 as well as his knowledge of its operating characteristics.

Appellant also charges that the district court erred in admitting expert testimony that the Rigid 300 was unreasonably dangerous; in admitting testimony with respect to the design features of the Rigid 700 and a foot switch device; and in its instructions to the jury.

Finally, appellant asserts that there is no credible evidence which supports the jury’s apportionment of negligence. In this regard, it is argued that appellee’s negligence was clearly equal to or greater than any negligence of appellant; therefore, the jury’s verdict, including the individual damage awards, is so excessive as to be unconscionable. Accordingly, appellant urges this Court, for the above-stated reasons, to set aside the verdict and judgment in the court below or, in the alternative, order a new trial.

In response, appellees Bernard and Marian Collins claim that the Rigid 300 was unreasonably dangerous by reason of its design, because the power switch was located in a place where it was inaccessible to anyone operating the machine from the front or left front. Additionally, they contend that under Wisconsin products liability law, the defense of “open and obvious danger” is not available to appellant as a complete bar to recovery. Rather, appellees argue that the conduct on the part of a user of an unreasonably dangerous product is subject to a comparative negligence standard. It is asserted that the doctrine of comparative fault takes into account defenses which would otherwise be absolute and treats them for the purpose of comparison under the name of negligence. In any event, appellees maintain that even if the “open and obvious danger” defense does apply, the inaccessibility of the power switch on the Rigid 300 was a dangerous condition that was not open and obvious to appellee. Rather, it was a condition, says appellee, which most users would not discover, and a danger which most users would not appreciate until they were already entangled in the rotating pipe. Further, because of the inaccessibility of the switch, appellees contend that the potential operator should have been warned to stand near the switch while running the machine. At the very least, appellees argue that appellant had an obligation to pro[594]*594vide full and adequate instructions to potential users of the Rigid 300 regarding its safe operation.

In further response to appellant’s position in this appeal, appellees contend that the trial court did not err in admitting expert testimony that the Rigid 300 was unreasonably dangerous; in admitting testimony relating to the Rigid 700 and the foot pedal device; and in its instructions to the jury.

Finally, appellees emphasize that the jury’s allocation of causal comparative negligence is supported by the evidence. In this respect, it is urged that the damage awards were neither excessive nor in disregard of applicable law, but rather accurately reflected and compensated appellees for the loss which they sustained. Accordingly, appellees ask this Court to affirm the verdict and judgment entered in the court below.

It is axiomatic in products liability law, and appellant concedes, that a manufacturer is legally bound to design and build products which are reasonably fit and safe for the purpose for which they are intended. Nevertheless, it is equally clear that a manufacturer is under no duty to produce accident or foolproof products. Zahora v. Harnischfeger Corporation, 404 F.2d 172, 175 (7th Cir. 1968). Neither is the manufacturer an insurer that its product is incapable of producing injury. Garrison v. Rohm and Haas Company, 492 F.2d 346, 351 (6th Cir. 1974). In determining the reasonableness of design, certain factors which should be examined include: 1) conformity of defendant’s design to the practices of other manufacturers in its industry at the time of manufacture; 2) the open and obvious nature of the alleged danger; and 3) the extent of the claimant’s use of the very product alleged to' have caused the injury and the period of time involved in such use by the claimant and others prior to the injury without any harmful incident. Ward v. Hobart Manufacturing Company, 450 F.2d 1176, 1182 (5th Cir. 1971). Other relevant factors, which are practical or economic in nature, include: 4) the ability of the manufacturer to eliminate danger without impairing the product’s usefulness or making it unduly expensive; and 5) the relative likelihood of injury resulting from the product’s present design. Magnuson v. Rupp Manufacturing, Inc., 285 Minn. 32, 171 N.W.2d 201, 208 (1969).

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Bluebook (online)
520 F.2d 591, 1975 U.S. App. LEXIS 13159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernard-j-collins-and-marian-collins-v-the-ridge-tool-company-ca7-1975.