Doser v. Savage Manufacturing & Sales, Inc.

568 N.E.2d 814, 142 Ill. 2d 176, 154 Ill. Dec. 593, 1990 Ill. LEXIS 156
CourtIllinois Supreme Court
DecidedDecember 20, 1990
Docket69053
StatusPublished
Cited by49 cases

This text of 568 N.E.2d 814 (Doser v. Savage Manufacturing & Sales, Inc.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doser v. Savage Manufacturing & Sales, Inc., 568 N.E.2d 814, 142 Ill. 2d 176, 154 Ill. Dec. 593, 1990 Ill. LEXIS 156 (Ill. 1990).

Opinions

JUSTICE CALVO

delivered the opinion of the court:

Plaintiff, Paul Doser, filed a strict products liability suit in Cook County against defendant, Savage Manufacturing and Sales, Inc. (Savage), for injuries he received while working on a four-ton, C-frame hydraulic press manufactured by Savage. Savage then filed a third-party complaint against Chrysler Motors Corporation (Chrysler), Doser’s employer. Doser subsequently entered into a settlement agreement with Chrysler, and the circuit court dismissed Savage’s claim against Chrysler. Following a trial, the jury returned a verdict against Savage and in favor of Doser, awarding Doser $205,000 in damages. The jury, however, also found Doser 20% responsible for his injuries and reduced Doser’s award by that percentage; resulting in a net verdict of $164,000 in Doser’s favor. Savage appealed the jury verdict and the circuit court’s dismissal of its claim against Chrysler. The Appellate Court, First District, with one justice dissenting, reversed the jury verdict, but did not address the issues related to Chrysler. (184 Ill. App. 3d 405.) We allowed Doser’s petition for leave to appeal (107 Ill. 2d R. 315).

Doser testified at trial that he was 43 years old and had worked as an employee of Chrysler for 17 years. At the time of his injury, Doser held the job of subassembler and had held that job for approximately 16 months. As a subassembler, Doser used a hydraulic press to assemble parts that were eventually put into the steering mechanisms of automobiles. The vertical cylindrical ram on the press Doser used descended to force, or press, a bearing into a knuckle. The area directly under the ram is called the point of operation of the press. After Doser finished assembling the parts, he took the parts to the table of Willie Wilcox, a co-employee, located nearby. Wilcox also ran a hydraulic press manufactured by Savage. Wilcox, in performing his job, used Doser’s preassembled parts.

On August 8, 1979, after Doser had finished working his shift, he helped Wilcox with Wilcox’ job. Doser put a bushing in Wilcox’ press and Wilcox pressed two palm buttons which caused the ram to descend and forced the bushing into a steering knuckle. While Doser was assisting Wilcox, Doser slipped and fell. During the fall, Doser reached out and grabbed the press just as the ram was descending. The ram consequently amputated a part of one of Doser’s fingers. Doser’s testimony revealed that he slipped on oil leaking from the press onto the floor, or on materials on the floor. Doser also indicated at trial that he knew only one person was supposed to run the press.

James Des Jardins testified as an expert witness on behalf of Doser. Des Jardins acknowledged that the press, as sold to Chrysler, had two palm buttons. In order to activate the ram on the press, the operator had to use both hands to press both buttons. The dual palm buttons thus ensured that the operator’s hands would not be near or under the ram when it descended. The press also had an anti-tie-down feature, which prevented someone from tying down the palm buttons into an activated position, and an anti-repeat feature, which prevented the ram from descending more than once when the operator pressed the palm buttons.

Des Jardins testified that the dual palm buttons on the press protected only the operator of the press, not others around the press. Des Jardins asserted that the press needed additional guards to protect other people around the press. According to Des Jardins, an electric or presence-sensing guard (which would include a light curtain, a radio frequency guard or an infrared guard), a fixed barrier guard or an interlocking barrier guard could provide such protection. Des Jardins indicated that any of these types of guards would have prevented Doser’s injury and would not have decreased productivity. Based on a reasonable degree of engineering certainty, Des Jardins concluded that the press was unreasonably dangerous for the uses to which it was put because it lacked point-of-operation guards and warnings.

Des Jardins testified that the type of guard used on a press depends upon whether the press is a specific purpose — unifunctional—or general purpose — multifunctional-machine. According to Des Jardins, a general purpose machine is one purchased for a variety of possible uses. Des Jardins testified:

“[Sjuppose a manufacturer who may have fifteen or so different parts he wants to make in that machine, so that when it’s purchased, there is no particular one — one particular use for it, and therefore it’s not possible to guard the point of operation because the manufacturer simply doesn’t know all the uses that the purchaser is going to put the machine to.”

Des Jardins then compared a general purpose to a specific purpose machine:

“Now, converse to [the general purpose machine] is the special purpose or specific purpose press in which there is a use known. There is a single use or maybe two uses, some small number of uses, and they’re known to the manufacturer of the machine.
Therefore, he knows what part is going to be made in that press. He knows what tooling is going to be used in that press, and, of course, he knows his machine.
Now, he has the combination and he knows the dangers involved because that’s his business.
He has the obligation to guard in that case.”

Savage sold the press to Chrysler in 1973 through a broker, Manufacturers Sales Company. Des Jardins testified that he reviewed the internal Chrysler documents which generated the purchase order for the press. He reviewed Savage’s catalog and Savage’s documents which quoted the price of the press to the broker. Des Jardins also reviewed the purchase order from Chrysler to the broker. Des Jardins pointed out that the diameter of the ram of the press in Savage’s catalog was 13k inches. The threaded hole in the end of the ram listed in the catalog was IV2 inches in diameter with 12 threads per inch. Des Jardins indicated that the press in the catalog was Savage’s standard machine. Referring to Chrysler’s internal documents requesting a press, Des Jardins testified:

“[Chrysler wants] a four ton and here is daylight twelve inches, stroke six inches. They go on down and say ram two inches, outer diameter with a seven-eighths inch diameter, nine threads per inch thread hole inside the ram.
And it says these ram dimensions are critical. They are required to accept existing fixtures.
* * *
Then there is a quotation to Manufacturers Sale ***
Company from Savage, and here we’re calling out the two inch diameter with the seven-eighths-nine internal thread, which is not their standard. It’s a special. Meaning, there has been communication.
Then here is the purchase order which calls for, again— now they’re going for a two and a quarter inch O.D. ram, but again this is outside of their one and three-quarter inch standard. They’re requiring this seven-eighths inch diameter, nine threads per inch thread.
Now, they tell us specifically what the press is to be used for.

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Cite This Page — Counsel Stack

Bluebook (online)
568 N.E.2d 814, 142 Ill. 2d 176, 154 Ill. Dec. 593, 1990 Ill. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doser-v-savage-manufacturing-sales-inc-ill-1990.