Jacobini v. v. & O. PRESS CO.

588 A.2d 476, 527 Pa. 32, 1991 Pa. LEXIS 64
CourtSupreme Court of Pennsylvania
DecidedMarch 20, 1991
Docket35 E.D. Appeal Dkt. 1990
StatusPublished
Cited by28 cases

This text of 588 A.2d 476 (Jacobini v. v. & O. PRESS CO.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jacobini v. v. & O. PRESS CO., 588 A.2d 476, 527 Pa. 32, 1991 Pa. LEXIS 64 (Pa. 1991).

Opinion

OPINION OF THE COURT

FLAHERTY, Justice.

The appellee, Michael G. Jacobini, commenced this action for damages after suffering injuries at his place of employment, on October 10, 1980, when a power press he was operating expelled a die and materials being shaped by the die. The defendants named in this action were the V. & O. Press Company, the manufacturer of the power press; George D. Guyer, Inc., the builder of the die; and the appellant, Danly Machine Corporation (Danly). Danly was the manufacturer of a device known as a die set, which was *35 sold to the builder of the die and incorporated into the completed die. A die set is the foundation to which a die is attached. A die contains the forms against which metals are pressed in a power press.

After presentation of the evidence at trial, appellee withdrew his claims alleging negligence and elected to proceed solely on a theory of strict product liability under Section 402A of the Restatement (Second) of Torts. See generally Lewis v. Coffing Hoist Div., Duff-Norton Co., Inc., 515 Pa. 334, 528 A.2d 590 (1987) (liability for unreasonably dangerous products under Section 402A of the Restatement (Second) of Torts). The trial court later directed verdicts in favor of all of the defendants, based upon the following findings.

It is undisputed that the manufacturer of the power press equipped it with a barrier guard to prevent objects from being ejected therefrom, and that the guard would likely have prevented the injury which occurred. Sometime during the years after the press was manufactured, but before appellee’s employer acquired it, the barrier guard was removed. The trial court held that this relieved the manufacturer of the press from liability.

It was also undisputed that the accident was caused by appellee’s failure to properly align a tool holder in the die. The misalignment caused parts of the die to be expelled from the press. The trial court held, therefore, that appellee’s injuries were caused by the error in aligning the tool holder rather than by any defects in the die or die set. Appellee’s evidence had established the necessity for dies to be designed in a manner that eliminates the need for operators to place their hands or fingers within the point of operation, i.e., the area of the press where work is performed upon the materials inserted. The die in question met that design requirement. The trial court concluded that the die was not rendered defective by the fact that it did not have a guard known as a “barrier guard” attached to it that would have prevented expulsion of parts. It also held that neither the die nor the die set was rendered *36 defective by their lack of having warnings affixed to caution that dies should be used only in areas equipped with barrier guards. Accordingly, directed verdicts were entered in favor of the manufacturers of the power press, the die, and the die set.

An appeal was taken to the Superior Court, challenging the directed verdicts entered in favor of the die and die set manufacturers. The directed verdict in favor of the power press manufacturer was not contested. The Superior Court, in a memorandum decision, vacated the challenged verdicts and remanded for a new trial. 390 Pa.Super. 661, 561 A.2d 825. We granted allowance of appeal, upon a petition filed by the die set manufacturer, Danly. Hence, only the directed verdict pertaining to Danly is at issue in this appeal.

The Superior Court held that the question of the liability of Danly should have been submitted to the jury based upon a “failure to warn” theory under Section 402A. Appellee’s contention was not that the die set itself should have been equipped with a guard to protect the operator, but rather that Danly should have warned against the use of the die set with dies or power presses that lacked such guards. Appellee claims that Danly’s failure to provide this warning rendered the die set an unreasonably dangerous product.

It is well established that there are circumstances where a manufacturer’s failure to warn of latent dangers in the use or operation of a product can render a properly designed product unreasonably dangerous and defective for purposes of strict product liability. Sherk v. Daisy-Heddon, 498 Pa. 594, 450 A.2d 615 (1982). It is also recognized that limits on a manufacturer’s duty to warn are placed at issue where, as in the present case, the manufacturer supplies a mere component of a product that is assembled by another party and dangers are associated with the use of the finished product. Wenrick v. Schloemann-Siemag Aktiengesellschaft, 523 Pa. 1, 564 A.2d 1244 (1989) (plurality opinion addressing strict liability for defective components). The case sub judice can be viewed, however, as not requir *37 ing a precise application of these principles, on the basis that the evidentiary record was simply not sufficient to support submission of a “failure to warn” theory to the jury.

The record was ostensibly inadequate to support a theory that Danly should have provided a warning that a guard, of a type that would have prevented the injury suffered by appellee, was necessary. Indeed, the only testimony that Danly should have provided any warning at all was an opinion from an expert witness, who was a safety engineer with expertise in the areas of presses and dies, that a cautionary label should have been provided on the die set indicating that a “point of operation guard” should be used. A point of operation guard is, however, rather limited in its function. Point of operation guards were frequently described in the testimony as being designed to protect an operator from inserting his hands or fingers into the operating area of the die press. Yet, quite obviously, appellee was not injured by inserting his hands or fingers into the press, but rather by expulsion of parts from the press.

The testimony of the expert witness was directed primarily at establishing that the die itself lacked certain locking devices and such additional guards as would have prevented expulsion of parts from the press. The testimony included, however, an expression of the following opinions regarding the die set:

[Counsel for appellee]:
Q. Pertaining to the die set involved in this accident, are you familiar with that?
A. Yes.
Q. Now, are there any hazards in your opinion that are associated with the die set?
A. The die set of and by itself—
[Counsel for the die manufacturer]: Are you talking about a general die set?
*38 [Counsel for appellee]: No, the die set involved in this particular accident.
A. The die set in this particular accident.

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Bluebook (online)
588 A.2d 476, 527 Pa. 32, 1991 Pa. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jacobini-v-v-o-press-co-pa-1991.