Duchess v. Langston Corporation

709 A.2d 410, 1998 Pa. Super. LEXIS 178
CourtSuperior Court of Pennsylvania
DecidedMarch 16, 1998
StatusPublished
Cited by14 cases

This text of 709 A.2d 410 (Duchess v. Langston Corporation) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duchess v. Langston Corporation, 709 A.2d 410, 1998 Pa. Super. LEXIS 178 (Pa. Ct. App. 1998).

Opinions

HESTER, Judge:

Donald J. and Catherine A. Duchess appeal from the judgment entered after a jury determined that appellee, Langston Corporation, was not liable in this products liability action. We conclude that the trial court made two erroneous evidentiary rulings; we are constrained to reverse and remand for a new trial.

Appellants instituted this action on August 21, 1991, to recover damages they sustained after Mr. Duchess was injured on May 12, 1990. Mr. Duchess was employed by 4M Manufacturing in Eighty Four, Pennsylvania. On the day in question, he was working on a Langston Saturn III Flexo-Folder Gluer (“Saturn III”) which fabricates corrugated board into corrugated boxes. Specifically, he had removed the ink shield and was cleaning dry ink from the printer section of that machine. He had depressed a red button designed to stop the machine. However, unknown to Mr. Duchess, the wiper roller continued to run after the button was depressed.

While adjusting the spray nozzle, which was located above the wiper roller on the drive side of the machine, Mr. Duchess’s gloved hand touched the rotating wiper roller, and his hand was drawn into the nip point of the machine. Mr. Duchess, who testified that he did not see the roller running, lost his little finger, ring finger, and part of his middle finger. He was not able to return to work for one year.

The case proceeded to jury trial from July 11 through 14, 1995, based solely on a products liability theory. Appellants contended that the Saturn III was defective because it did not have an interlock on the ink shield, which covered the print rollers. Appellants argued that appellee should have installed an interlock to shutdown automatically the running wiper roller when the ink shield was removed. Appellee countered that the machine was not defective and that Mr. Duchess assumed the risk by placing his hand near the running wiper roller.

The case was submitted to the jury on special interrogatories. The jury determined that the lack of an interlock device on the guard or ink shield of the Saturn III did not constitute a design defect, which was the first question submitted. This appeal followed denial of appellants’ post-trial motions.

Appellants contend they are entitled to a new trial on a number of grounds. We believe two of those grounds possess merit.

Appellants first argue that the trial court erred in precluding them from introducing into the evidence the operator’s manual for the Saturn III. They sought to introduce the manual because it incorrectly indicates that when the stop button is depressed, the entire machine stops. The trial court initially ruled that the manual was not admissible since Mr. Duchess admitted that he never read the manual. Thus, the court reasoned, [412]*412the description in the manual was not relevant.

However, appellants again moved for admission of the manual after Mr. Duchess was cross-examined, arguing that appellee had opened the door to the manual’s contents. We agree. Mr. Duchess was cross-examined about warnings that appear on the Saturn III. In particular, he was shown a picture of a warning and read it to the jury:

WARNING: This equipment was shipped with a detañed Operator’s Manual and a Maintenance Manual. These manuals contain vital information for safe use of this equipment. Read these manuals carefully before operating or performing maintenance on this equipment. Fañure to foñow the safety practices in these manuals could result in serious bodñy injury or property damage. Replacement manuals can be obtained by calling or writing the Langston Corporation, 111 Woodcrest Road, Cherry Hill, New Jersey, the zip and the telephone number.

Reproduced Record (“R.R.”) at 222a.

Mr. Duchess then was asked whether he was concerned with the fact that his employer did not give him the manual to read, and he responded in the negative. Next, he was questioned as to whether he paid attention to warnings. After this cross-examination, appellants moved again to introduce the manual into evidence to show that if Mr. Duchess had the manual, it would not have prevented the accident since the manual indicated incorrectly that the entire machine was shutdown after the stop button was depressed. Appellants argued that by introducing the warning and implying that the machine was not defective because it contained warnings to read the manual, appellee had opened the door to introduction of the manual.

We agree. There is no question that this cross-examination was a direct attempt to suggest that if Mr. Duchess had read the manual, the accident would not have occurred. It created the implication that the warning to operators of the machine to read the manual rendered the machine safe. However, the manual contains no warning that the rollers continue to rotate when the stop button is depressed and in fact, indicates the contrary.

We disagree with appehee’s suggestion that introduction of the manual would have raised the issue of the negligence of Mr. Duchess’s employer in not distributing the manual. Appellee argues that since the employer was not a party, its negligence could not be raised. However, it is clear that appellee’s questioning of Mr. Duchess raised the issue of Mr. Duchess’s own negligence and not that of his employer. Appellee suggested that Mr. Duchess was negligent in not heeding the warning by either asking his employer for a copy of the manual or obtaining a copy of the manual himself by calling or writing to appellee. Appellee opened the door to the introduction of this manual by its line of questioning.

Since Mr. Duchess had not read the manual, the manual was not relevant to this accident. By suggesting that the manual would have prevented these injuries, appellee opened the door to the evidence, which was not otherwise admissible, that the manual would not have prevented the accident. Jamison v. Ardes, 408 Pa. 188, 182 A.2d 497 (1962); Gigliotti v. Machuca, 409 Pa.Super. 50, 597 A.2d 655 (1991).

We also believe that the trial court erred in faffing to allow appeUants to introduce evidence that in 1991, appellee installed an interlock device on the ink shield for the Saturn III. We address this issue since, unlike the other issues raised by appellants, it will reoccur during the re-trial of this matter. In interrogatories, appellee admitted that it incorporated an interlock on the ink shield of Saturn III in July, 1991, approximately one year after this accident.

In Pennsylvania, the subsequent repair rule, forbidding admission of evidence of subsequent repair in a negligence action, is inapplicable in a strict liability ease. Matsko v. Harley Davidson Motor Co., Inc., 325 Pa.Super. 452, 454-162, 473 A.2d 155, 156-159 (1984); Wilkes-Barre Iron v. Pargas of Wilkes-Barre, 348 Pa.Super. 285, 293 n. 2, 502 A.2d 210, 214 n. 2 (1985); Gottfried v. The American Can Co., 339 [413]*413Pa.Super. 403, 403, 489 A.2d 222, 222 (1985).

Leaphart v. Whiting Corp., 387 Pa.Super.

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Duchess v. Langston Corporation
709 A.2d 410 (Superior Court of Pennsylvania, 1998)

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Bluebook (online)
709 A.2d 410, 1998 Pa. Super. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duchess-v-langston-corporation-pasuperct-1998.