Burke v. Spartanics Ltd.

252 F.3d 131, 2001 WL 604899
CourtCourt of Appeals for the Second Circuit
DecidedJune 4, 2001
DocketDocket No. 00-7145
StatusPublished
Cited by19 cases

This text of 252 F.3d 131 (Burke v. Spartanics Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burke v. Spartanics Ltd., 252 F.3d 131, 2001 WL 604899 (2d Cir. 2001).

Opinion

CALABRESI, Circuit Judge:

A metal shearing machine severed the fingers of plaintiff-appellant Alphonso Burke’s right hand while he was at work. Burke brought suit in the United States District Court for the Eastern District of New York (Joanna Seybert, Judge), invoking the court’s diversity jurisdiction. In his suit Burke asserted various New York State tort claims against the machine’s manufacturer, defendant-appellee Spartan-[134]*134ics Ltd. (“Spartanics”), which in turn im-pleaded Burke’s employer, Metal Etching Company (“Metal Etching”), as a third-party defendant. The case proceeded to trial on Burke’s claims, principally that the machine was defectively designed, and that Spartanics failed to provide adequate warnings of the dangers of using the machine. The jury returned a verdict against plaintiff on all counts. Burke now appeals from the judgment entered pursuant to that verdict and also from the district court’s denial of his post-trial motion for judgment as a matter of law or for a new trial. We affirm.

Background

The Accide

The accident occurred while Burke was receiving instruction from a supervisor, Mr. O’Neill, on how to perform a particular job with the machine in question, which cuts sheets of metal with a shear. Believing that O’Neill had finished setting up the job, Burke went to the rear of the machine to clear out some cut pieces of metal. After being cut, the pieces of metal had fallen and accumulated in a ramp mounted behind the machine. As was the usual practice in Metal Etching’s shop, in order to gain leverage while removing the metal with his left hand, Burke placed his right hand on the machine’s cutting surface. Apparently unaware of what Burke was doing, O’Neill attempted to make a cut and, in doing so, severed Burke’s fingers, which were in the cutting plane.

The ramp from which Burke was removing the metal when the accident occurred had been installed by Metal Etching. This ramp altered a feature of the machine as initially delivered by Spartanics. The original machine had another ramp with a conveyor belt that ran across the rear of the machine leading to a stacking bin at the machine’s side. Metal Etching installed its own ramp above the conveyor system in order to catch the metal cuttings before they hit the conveyor. It did so allegedly to avoid a totally different hazard that the original ramp would supposedly have created. With the original conveyor system in place, however, there was no need for workers to clear cut material from the rear of the machine. But with the new ramp installed, employees not only had to remove the cut material but found that doing so required bracing themselves with one hand on the cutting surface.

By the time of the accident, Burke had been using the machine for about seven months. He fully understood how it worked, where the cutting plane was, and how dangerous it was to place one’s hand in the plane while the machine was in operation. He was also aware of the warning label on the front of the machine that specifically warned against getting near the cutting mechanism. There was no warning label on the rear of the machine.

The Evidence On The Machine’s Design

Burke contended at trial that Spartanics could have anticipated that some customers would remove the conveyor mechanism and that it, therefore, should have designed the machine with a guard that prevented a worker from getting near the blade when approaching the machine from the rear. (There was such a guard on the front of the machine.) Spartanics responded with expert testimony that such a rear guard would have limited the shapes of metal that could be cut and that, in any event, the conveyor system it provided eliminated any need to approach the cutting plane from the rear. Plaintiff attacked the manufacturer’s argument (a) by pointing out that the conveyor system was never identified as a safety device in the machine manuals, (b) by introducing testi[135]*135mony that. Spartanics had never attempted to design a rear guard, (c) by showing that Metal Etching had been able to install such a safety device after the accident, and (d) by putting on his own expert who testified that Spartanics could have easily, and cheaply, designed and installed a rear safety device.

The Evidence of Burke’s Drug Use

Before trial, plaintiff moved in limine to exclude any evidence of Burke’s use of marijuana and cocaine. At oral argument on this motion, defendant pointed out that plaintiffs psychiatric expert on damages referred in his report to increased drug use in the aftermath of the accident. This, defendant argued, meant that evidence of Burke’s pre- and post-accident drug use would be relevant to the magnitude of his damages. The court agreed that if the psychiatrist testified that post-accident drug use was caused by the accident, cross-examination on pre-accident drug use would be appropriate. Plaintiff, however, stated that he did not intend to pursue a damages theory grounded in such post-accident drug use. Based on this stipulation, the court granted the motion to preclude.

Nevertheless, at trial, plaintiffs expert did testify to Burke’s increasing post-accident drug use. He gave this testimony in response to an innocuous cross-examination question concerning the number of sessions the expert psychiatrist had conducted with plaintiff. In his answer, the psychiatrist first referred to a period of inpatient treatment arising from Burke’s contemplation of suicide, and then he added “And he also had been using-he was involved in the increasing use of marijuana and alcohol.” Defense counsel immediately followed up with several more questions concerning alcohol and drug use. When plaintiffs counsel finally objected, the district court ruled that such inquiries were “appropriate because he indicated that that’s part of his damages now.” Judge Seybert instructed the jury, both after the testimony and before deliberations, that it could consider the testimony on alcohol and drug use only with respect to its evaluation of damages.

The Instruction on Duty to Warn

At the charging conference, plaintiffs counsel requested that the court’s instructions on the manufacturer’s duty to warn include the statement that “even if Mr. Burke was aware of a danger, that did not obviate the need of Spartanics to warn.” Judge Seybert rejected this proposal, and, instead, instructed the jury that “[i]f you find that Alphonso Burke already knew of the danger or dangers associated with the Spartanics WL-2 metal shearing machine, you will find that the defendant had no duty to warn him of the dangers associated with the machine.”

The Posh-Trial Motions

After the jury returned its verdict finding for defendants on August 3, 1999, Burke moved for judgment as a matter of law. The district court reserved decision, received written motion papers several weeks later, and subsequently denied the motion on January 20, 2000. Burke now appeals from the judgment, entered immediately after trial, pursuant to the jury verdict and from the district court’s disposition of his post-trial motion, which had raised issues similar to those now presented on appeal.2

[136]*136 Discussion

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Bluebook (online)
252 F.3d 131, 2001 WL 604899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-spartanics-ltd-ca2-2001.