Huber v. Niagara MacH. and Tool Works

430 N.W.2d 465, 1988 Minn. LEXIS 254, 1988 WL 108762
CourtSupreme Court of Minnesota
DecidedOctober 21, 1988
DocketC4-87-1725
StatusPublished
Cited by28 cases

This text of 430 N.W.2d 465 (Huber v. Niagara MacH. and Tool Works) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huber v. Niagara MacH. and Tool Works, 430 N.W.2d 465, 1988 Minn. LEXIS 254, 1988 WL 108762 (Mich. 1988).

Opinion

POPOVICH, Justice.

Bryan C. Huber brought this product liability action against the manufacturer (Niagara Machine and Tool Works) and distributor (the Satterlee Company) of a punch press, and Allen-Bradley Company, manufactuer of a foot switch mechanism used to operate the press. Huber alleged negligent design of the press and foot switch, breach of express and implied warranties, strict liability, and failure to warn of dangers associated with the use of the machine. At the hearing on a summary judgment motion, the plaintiff conceded that no issues other than the duty to warn were appropriate as to Allen-Bradley. Pursuant to Rule 54.02, Minn.R.Civ.P, the trial court granted summary judgment for Allen-Bradley, holding that Allen-Bradley did everything reasonably possible to make a safe product, any warning would have had little or no effect, and that the foot switch had been materially and significantly modified subsequent to its original design and manufacture. The Minnesota Court of Appeals reversed, holding Allen-Bradley had a duty to warn. Huber v. Niagara Machine and Tool Works, 417 N.W.2d 740 (Minn.App.1988). We reverse the court of appeals, and find Allen-Bradley had no duty to warn.

I.

On October 14, 1981, Bryan C. Huber suffered serious injuries to his hand while operating a Niagara Punch Press activated by an Allen-Bradley foot switch, both of which were owned by Huber’s employer, R & M Manufacturing. At the time of the accident Huber had been working at R & M for less than two weeks, but had used this particular press before and had been instructed by his supervisor on its proper use. He also had been warned by his supervisor to keep his hands out of the die area of the machine while operating the press and had read and understood a warning sign on the front of the machine carrying a similar message.

At the time of the accident, Huber was conducting a metal bending operation which involved feeding a rectangular piece of metal into the press until it was lined up with pins at the back of the machine. Holding the metal with his hands outside the die area, Huber would activate the press by depressing the foot switch located on the floor in front of the machine. Having trouble getting the metal to lie flat in the press, since the pieces were badly warped, Huber put his hand in the die area of the press to straighten the metal. At the same time his foot slipped on the floor, which had become wet due to some metal washing activities, and came down on the treadle of the foot switch, activating the press.

The foot switch Huber was using had originally been manufactured by Allen-Bradley with protective safety devices on all sides. These devices included a shield on the sides and top and a front guard or spring-loaded door which the operator must flip back with the front of his foot before sliding it in to activate the treadle. The foot switch had been delivered to R & M Manufacturing for use with the punch press with all of these safety devices intact and permanently attached. However, sometime before the accident the front guard of the foot switch had been removed and was missing on the day of the accident.

II.

This case involves the issue of a component manufacturer’s duty to warn users of its product that safety devices permanently attached to the product should not be re *467 moved and that extra safety precautions— which are the responsibility of the user’s employer, not the component manufacturer —should be instituted.

III.

On an appeal from summary judgment, the role of the reviewing court is to review the record for the purpose of answering two questions: (1) whether there are any genuine issues of material fact to be determined, and (2) whether the trial court erred in its application of the law. Betlach v. Wayzata Condominium,, 281 N.W.2d 328, 330 (Minn.1979). When reviewing a summary judgment, the reviewing court must view all evidence in the light most favorable to the nonmoving party. See Nord v. Herreid, 305 N.W.2d 337, 339 (Minn.1981).

Failure to warn is a cause of action separate from defective design. See Kallio v. Ford Motor Co., 407 N.W.2d 92, 99 (Minn.1987). We have held that determining whether a manufacturer has a legal duty to warn users of dangers related to the use of its product without safety devices is a question of law and therefore appropriate for this court to decide. Germann v. F.L. Smithe Machine Co., 395 N.W.2d 922, 924 (Minn.1986). Only if there is a specific factual dispute concerning a manufacturer’s awareness of a risk should the issue be submitted to the jury for its resolution. See Lundgren v. Fultz, 354 N.W.2d 25, 28 (Minn.1984); Steenson, Products Liability in Minnesota —Design Defect and Failure to Warn Claims, 14 Wm. Mitchell L.Rev. 443, 483-86 (1988).

In Germann we set forth the standard for determining whether a manufacturer has a duty to warn:

[T]he court goes to the event causing the damage and looks back to the alleged negligent act. If the connection is too remote to impose liability as a matter of public policy, the courts then hold there is no duty, and consequently no liability. On the other hand, if the consequence is direct and is the type of occurrence that was or should have been reasonably foreseeable, the courts then hold as a matter of law a duty exists.

395 N.W.2d at 924. This standard requires a determination whether it was foreseeable to the manufacturer that the product would be used in a dangerous manner. There is no duty to warn of an improper use that could not have been foreseen. Frey v. Montgomery Ward & Company, 258 N.W. 2d 782, 788 (Minn.1977).

Relying on our decision in Ger-mann, plaintiff argues Allen-Bradley should have foreseen that the front guard on its foot switch would be removed. This ease, however, differs significantly from the situation in Germann. In Germann, we held that a press manufacturer had a duty to warn operators of the danger of using its press without a properly attached and operating safety bar. 395 N.W.2d at 925. In determining foreseeability, we relied on the fact that the press was delivered by the manufacturer unassembled and the safety bar was removable. Id. The design of the press also required that the safety bar be periodically removed in order to service the machine. Id. It was inevitable that the safety bar would be removed at some time and the risk was high that it might not be properly reattached. Id. But in the present matter Allen-Bradley’s foot switch was delivered by the manufacturer fully assembled. All safety devices on the switch were permanently attached and did not require removal for any type of maintenance.

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Bluebook (online)
430 N.W.2d 465, 1988 Minn. LEXIS 254, 1988 WL 108762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huber-v-niagara-mach-and-tool-works-minn-1988.