Gowler v. Ferrell-Ross Co.

563 N.E.2d 773, 206 Ill. App. 3d 194, 150 Ill. Dec. 646, 1990 Ill. App. LEXIS 1341
CourtAppellate Court of Illinois
DecidedSeptember 4, 1990
Docket1-88-2767
StatusPublished
Cited by23 cases

This text of 563 N.E.2d 773 (Gowler v. Ferrell-Ross Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gowler v. Ferrell-Ross Co., 563 N.E.2d 773, 206 Ill. App. 3d 194, 150 Ill. Dec. 646, 1990 Ill. App. LEXIS 1341 (Ill. Ct. App. 1990).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Defendant, Ferrell-Ross Co., appeals from a judgment entered against it and in favor of plaintiff, Jack Gowler, for the sum of $794,304 as damages for personal injuries sustained by plaintiff when his hand was caught in the rollers of a Ross cracking mill, a machine manufatitured and distributed by defendant. On appeal, defendant contends that: (1) plaintiff had failed to establish that the Ross cracking mill was in the same condition at the time of the accident that it was in when it was manufactured; (2) the trial court erroneously admitted into evidence testimony and exhibits relating to subsequent accidents which had occurred on similar Ross cracking mills; (3) plaintiff’s counsel’s comments during voir dire that the court would prevent double recovery prejudiced defendant; (4) plaintiff’s counsel’s comments during opening argument as to the-cracking mill’s serial number identification plate were improper on the ground that he never introduced evidence as to the serial number identification plate; (5) it was prejudicial error for plaintiff’s counsel to discuss with the venire the nature and purpose of the evidence to be presented; (6) defense witness Joseph Naylor was improperly limited in his testimony as to his direct knowledge of the operation and expertise of defendant; (7) the trial court erroneously allowed into evidence documents relating to defendant’s corporate history; (8) the trial court unduly restricted defendant’s cross-examination of plaintiff’s expert, Irving Hazard; (9) the trial court erroneously denied defendant’s instructions as to assumption of risk; (10) plaintiff’s counsel’s closing argument was so prejudicial and improper as to cause reversible error; (11) the trial court erroneously allowed plaintiff, after he had rested his case, to testify that the photographs taken in 1985 were photographs of the Ross cracking mill as it existed in 1978; and (12) comments made by the trial court during trial, testimony as to plaintiff’s earning capacity, the trial court’s limitation on defendant’s impeachment of plaintiff and the trial court’s refusal to admit defendant’s exhibits depicting alleged lockout procedures constituted reversible error. For the following reasons, the judgment of the trial court is affirmed.

According to the record, the Ross cracking mill, the machine at issue in the present case, was integrated into the soybean processing system of the Archer-Daniels-Midland (ADM) plant, located in Gales-burg, Illinois. Plaintiff was employed by ADM as a maintenance “B” worker. The Ross cracking mill is equipped with a feeder on the front of the machine through which soybeans are fed down between two sets of cracking rollers. The rollers crack and crush the beans, which are then discharged into the bottom of the cracking mill and pass into the sifting phase of the process.

On December 9, 1977, approximately 3 a.m., during plaintiff’s work shift at ADM, the electrical power went off in the plant for approximately one minute. Whenever there is a power outage, clogged soybeans have to be removed by hand from the cracking mills. This procedure was part of plaintiff’s job. Plaintiff first removed the clogged soybeans from an Allis-Chalmers cracking mill. Because the electrical power was on by this time, plaintiff made certain that the power switch for the Allis-Chalmers mill was in the “off” position before commencing removal of the beans from that mill. The power switches for the four cracking mills were located on the wall. After plaintiff finished cleaning the Allis-Chalmers mill, he told the mill operator that he could start that machine. Plaintiff then went over to the Ross cracking mill. Before commencing the unclogging procedure, he made certain the power to the mill was turned off. He then started to clean it by reaching his hand through the feeder door and removing the clogged soybeans from the rollers. While he was cleaning out the clogged soybeans, someone turned the power switch on to the Ross cracking mill and plaintiff’s hand was caught in the turning rollers. One of the workers eventually turned off the power, but the rollers kept rolling a short period longer until they stopped on their own. As a result of the incident, plaintiff suffered severe hand injuries.

On December 29, 1978, plaintiff filed his complaint against defendant, alleging that the Ross cracking mill was unreasonably dangerous because it failed to provide a fail-safe interlock door device to prevent the mill’s actuation while the feeder door was open. Approximately one year later, plaintiff filed an amended complaint, adding as parties defendant: Russell W. Fox, d/b/a Fox Construction Co., Haskins Electric Co., Louis T. Langhurst and Maxwell Electric Co. However, plaintiff later nonsuited the additional defendants and filed a second amended complaint solely against Ferrell-Ross, Inc., which alleged that the Ross cracking mill, as designed, manufactured and distributed, was unreasonably dangerous in that it:

“(a) was not equipped with a barrier guard to prevent human entry into the in-running nip point between the cracking rolls;
(b) no warning was provided to maintenance operators of the danger of unintentional actuation of the cracking mill rollers during unclogging operations;
(c) no specification and instruction was provided on a safe technique for foreseeable unclogging operations;
(d) no warning was provided to maintenance operators to perform no unclogging operations without a lockout mechanism in place;
(e) there was no provision or specification of properly located electrical controls to provide for operator and maintenance operator safety;
(f) there was no provision or specification of a start-up alarm with the time delay actuation.”

Following a jury trial, the jury returned a verdict assessing damages against defendant in the amount of $794,304. Judgment was entered on the verdict and defendant appealed.

Initially, defendant contends that the Ross cracking mill was substantially and materially changed by ADM so as to preclude any claim that the mill was unreasonably dangerous when it left defendant’s control. Specifically, defendant states that the feeder door through which plaintiff reached had not been manufactured by defendant; the roll release level had been clamped shut by ADM; and the roller guard had been removed.

In response, plaintiff contends that the injuries were not caused by any of the changes made by ADM. Rather, they were caused by inadequate protection from the in-running nip during clog-clearing activities. Because this condition was a design defect, plaintiff argues that it was present when the mill left defendant’s control. Moreover, regarding each of the changes defendant alleges ADM had made to the mill, plaintiff claims they were not substantial and material. First, the fact the feeder door was not made by defendant is irrelevant. Whatever type of feeder is used, the risk, hazard and danger of the in-running nip remain the same. Second, the roll release lever is merely a device to adjust the roll clearance for cracking or grinding the grain. It is not a mill unclogger. Thus, the fact it was clamped shut had no relevance to the incident.

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Cite This Page — Counsel Stack

Bluebook (online)
563 N.E.2d 773, 206 Ill. App. 3d 194, 150 Ill. Dec. 646, 1990 Ill. App. LEXIS 1341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gowler-v-ferrell-ross-co-illappct-1990.