Cosse v. Allen-Bradley Co.

590 So. 2d 108, 1991 La. App. LEXIS 3141, 1991 WL 244361
CourtLouisiana Court of Appeal
DecidedNovember 13, 1991
DocketNo. 91-CA-286
StatusPublished
Cited by5 cases

This text of 590 So. 2d 108 (Cosse v. Allen-Bradley Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cosse v. Allen-Bradley Co., 590 So. 2d 108, 1991 La. App. LEXIS 3141, 1991 WL 244361 (La. Ct. App. 1991).

Opinions

GRISBAUM, Judge.

This appeal concerns a products liability matter arising out of an industrial accident at Celotex’s Marrero plant in which the plaintiff, Mr. Godfrey Cosse (Celotex employee), sustained serious injuries. We reverse.

The pivotal issue presented is whether the trial court committed reversible error in finding the plaintiff (employee) five percent at fault.

FACTS

Mr. Godfrey Cosse worked at the Celotex Plant in Marrero, Louisiana. The accident in question occurred on June 7, 1984. At the time of the accident, Mr. Cosse had worked for Celotex for approximately one year and had worked in the finishing No. 5 building, where the conveyor was located and the accident occurred, for about six months.

There, the Celotex Corporation Marrero facility was engaged in the production of numerous products made from bagasse, a by-product of sugar cane. One of those products was insulation boards.... The insulation board production facility consisted of various conveyor machines which allowed for the movement of the bagasse. The production of insulation boards began with raw bagasse which was unloaded from trucks onto a convey- or belt.... The bagasse was then transported to a hydro-pump. From the hydro-pump it was transferred to a digester where it would be cooked for forty-five minutes to an hour.... It was then dumped into blow pits. The product would then be pumped from the blow pits to a shredder and then pumped to the Clifton Refiners to be put in the Clifton pits.... Board machines would then take the bagasse to the driers at which point it would be dried into a slab. It was then conveyed to the finishing room where it was cut into boards.... The number five finishing room, where Mr. Cosse’s injury occurred, housed two conveyors, a north-south and east-west conveyor_ The north-south conveyor transported the slabs to two saws, an edge cut saw and an edge trim saw. The scraps cut from the boards would fall into the east-west conveyor (scrap conveyor) which conveyed the scrap to a device called a hog. The hog would then grind the edges and trim into raw ba-gasse to be sent back into the production line to be used to make additional boards_ The scrap conveyor was lo[110]*110cated under the floor of the Celotex facility.... The scrap conveyor consisted of a frame which had a tail end and a head end. The frame was made of two chains connected by wooden slats (flights). The head shaft or end, the source of the conveyor’s power, was located near the hog. The tail or return end was located east of the hog.... The wooden slats dragged the scrap over a quarter inch plate which had flared up sides to prevent the scraps from escaping below the conveyor.... The tail end consisted of two sprockets connected by a metal shaft which allowed the wooden slats to move in a continuous motion.... The tail or return end was covered by a metal plate which could be opened for access to the return end.... The return end of the conveyor included an area four feet by four feet which was designed for cleaning and maintenance access. The work area in the return end was four feet by two feet.... The conveyors in finishing building number five were controlled by two switches, a main switch located near the hog on the west wall, and a relay switch located on the Marine Johnson saws.

We adopt the description of the conveyor system as stated in plaintiff-appellee’s original brief at pp. 2-3.

In 1946, Rust Engineering Corporation (now Rust International Corporation, referred to as Rust) entered into a contract with Celotex for the design and construction of an addition to the Celotex Marrero facility, including the design of the convey- or system for the movement of scrap. Rust contracted with Link Belt Corporation (predecessor to FMC Corporation, referred to as Link Belt) regarding the scrap conveyor. Link Belt sold to Rust the component parts of a conveyor, which they manufactured according to specifications furnished by Rust.

Mr. Cosse was a jack operator. In addition, he was required to clean the return end of the scrap conveyor when it was “down” (not running). Whenever the conveyor was “down,” it was the job of several employees to remove the scrap that had accumulated at the end of the conveyor in the trench. At the time of the accident, Mr. Cosse was performing routine maintenance on the scrap conveyor. To remove the scrap, he removed the metal grate that covered the access hole into the trench where the scrap had accumulated. Mr. Cosse then stepped down into the trench, straddling the conveyor and placing his foot on one of the wooden flights. While he was performing the scrap removal, apparently an unknown employee turned the conveyor on from the wall switch located outside the trench about 80 feet away. Mr. Cosse’s ankle was crushed between the flights of the running conveyor. He sustained a compound fracture of the ankle. Mr. Cosse underwent surgery to repair the fracture, requiring a plate and screws in the bone. His convalescence was long. He was 47 years of age at the time of the accident.

Plaintiff asserted at trial that the conveyor was defective and unreasonably dangerous because it was designed without safety devices, and alternatively, Link Belt and/or Rust failed to warn of the dangers inherent in the conveyor.

The safety devices alleged to be required to make the conveyor safe are two: first, a type of guard placed at the shaft of the return end of the conveyor, to prevent an employee’s exposure to the moving parts of the conveyor, and second, an “interlock” switch in the trench. The function of the interlock switch is to prevent anyone from activating the conveyor from a remote point once the person in the trench has turned the switch off, deactivating the conveyor. Such a switch was not included by Link Belt or Rust but was installed later by Celotex prior to this accident.

The trial proceeded against Link Belt and Rust. Thereafter, the jury rendered a verdict on May 17, 1991 and judgment was rendered by the trial court in accordance with that verdict on September 5, 1990.

The jury returned a verdict apportioning fault in the following manner:

Rust 50 percent
Link Belt 30 percent
Cosse 5 percent
Celotex 15 percent

[111]*111ANALYSIS

Initially, we note the record shows several co-workers of Mr. Cosse’s and other Cel-otex employees testified as follows:

TROXLER

Mr. Roland Troxler testified regarding safety rules and safety meetings at Celo-tex. He began working at Celotex in 1946 as a laborer, ending up as an electrician. His job required him to change the electrical wires in the trench at the end of the conveyor. Mr. Troxler recalled that safety rules were written on a chart posted on the bulletin boards, but he was never instructed specifically about how to clean the trench. He was also never instructed on the purpose of a lockout switch in the trench — he learned of its purpose by “word of mouth”. Whenever he worked in the trench, he pulled out the fuses of the main switch because he was afraid that the conveyor would be turned on while he was in the trench. Mr. Troxler did not perceive the switch in the trench to be a safety switch.

THIBODEAUX

Mr. Gerald Thibodeaux began working at Celotex in 1945 as a sample cutter. When he was hired, he did not receive any safety instructions about the machine. At the time of Mr. Cosse’s accident, Mr.

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Related

Cosse v. Allen-Bradley Co.
612 So. 2d 286 (Louisiana Court of Appeal, 1992)
Cosse v. Allen-Bradley Co.
592 So. 2d 402 (Supreme Court of Louisiana, 1992)

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Bluebook (online)
590 So. 2d 108, 1991 La. App. LEXIS 3141, 1991 WL 244361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cosse-v-allen-bradley-co-lactapp-1991.