Mann v. G & G Manufacturing, Inc.

900 F.2d 953
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 12, 1990
DocketNo. 88-1622
StatusPublished
Cited by6 cases

This text of 900 F.2d 953 (Mann v. G & G Manufacturing, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mann v. G & G Manufacturing, Inc., 900 F.2d 953 (6th Cir. 1990).

Opinions

KEITH, Circuit Judge:

Attorneys James Thomas Sloan, Jr., Fredrick J. Farrer, and Gary C. Newton, and the current or former law firms of Sloan, Benefiel, Farrer, Newton & Glista, and Sloan, Newton & Stevens (collectively “plaintiffs’ counsel”), appeal from the district court’s judgment imposing sanctions pursuant to Federal Rule of Civil Procedure 11. For the following reasons, we AFFIRM in part and REVERSE in part.

[955]*955I.

On November 9, 1982, plaintiff Harold Mann suffered severe leg injuries when his clothing became entangled in the power take-off shaft (“PTO shaft”) of the grain elevator (“auger”) that he was operating on his farm in Constantine, Michigan. Mr. Mann and his wife, Mrs. Jean Mann (collectively “plaintiffs”), retained counsel to represent them in a products liability action against the auger’s manufacturer, defendant Hutchinson Division of Lear Siegler, Inc. (“Hutchinson”).

In May and June 1983, plaintiffs’ counsel took statements from: Paul Trojan, a Professor of Metallurgical Engineering at the University of Michigan; Denny Mann, plaintiffs’ son; Raymond Stutzman, the previous owner of the auger; and Robert Brewer, Chief of the Constantine Police Department, who investigated the accident.1

In his discussion with plaintiffs’ counsel, Dr. Trojan opined that there were substantial defects in the plastic guard which was designed to protect the PTO shaft of plaintiffs’ auger. Dr. Trojan explained: first, that due to its exposure to the environment, the plastic guard had decayed substantially and could not withstand the force of a man falling against it; second, that the guard was poorly designed because its two pieces could separate leaving a guard system which did not cover the entire shaft; and third, that the guard was improperly manufactured from plastic when a metal guard would have been less susceptible to environmental damage.2 See Joint Appendix (“J.A.”) at 456-97.

In his statement, Mr. Stutzman explained that he purchased the subject auger “used,” and at that time, its PTO shaft did not have a complete guard. After owning the auger for two years, Mr. Stutzman sold it to Mr. Mann “in the same condition.” J.A. at 685. Denny Mann indicated that during the time plaintiffs owned the auger, its PTO shaft did not have a complete guard. Thus, the PTO shaft remained effectively uncovered. He specifically stated that the auger’s “complete power take-off [shaft] was there. You have a piece that slides in ... And half that goes to the tractor. The plastic guard wasn’t there.” J.A. at 671-72.

When plaintiffs’ counsel spoke to Chief Brewer, he explained that immediately after the accident, portions of Mr. Mann’s clothing were caught on a “sharp projection on the bare, unguarded portion of the PTO shaft.” Chief Brewer concluded that “at the time I saw the projection, I felt that this projection was the location where Mr. Mann’s clothing first began to be entangled on the PTO shaft.” J.A. at 687.

After this preliminary inquiry, plaintiffs’ counsel filed a complaint against Hutchinson on February 27, 1984. Plaintiffs alleged that defects in Hutchinson’s design and/or manufacture of the auger sold to Mr. Mann were the proximate cause of his injuries.

Hutchinson deposed Mr. Mann on March 28, 1985. Mr. Mann testified that at the time of the accident, he was an experienced farmer; that he knew why farm machinery should remain guarded; and that he knew it was a good safety practice to keep loose clothing away from operating farm machinery. Mr. Mann stated that he had examined his auger and was aware that more than half of the guard on the PTO shaft was missing. Mr. Mann also indicated that he knew that the entire PTO shaft was supposed to be guarded; and that he recognized that his auger was less safe without a guard. Mr. Mann concluded that if the entire PTO shaft had been guarded, his accident might not have occurred.

On April 8, 1985, plaintiffs’ counsel deposed Hutchinson’s Vice-President of Engineering, Dwight Beninga. Mr. Beninga explained that his firm generally supplies augers with PTO shafts and guards produced [956]*956by G & G Manufacturing, Inc. (“G & G”). After reviewing photographs of Mr. Mann’s accident, however, Mr. Beninga concluded that plaintiffs’ auger did not contain a PTO shaft produced by G & G and supplied by Hutchinson. Mr. Beninga offered several reasons for his conclusion: first, the plaintiffs’ PTO shaft separates and the PTO shaft that Hutchinson supplies was “produced in such a way that the two parts would not separate;” second, the plaintiffs’ PTO shaft does not contain a pinhole and PTO shafts supplied by Hutchinson have pinholes; and third, the “universal joint [of the plaintiffs’ PTO shaft] ... is just not similar to the kind that Hutchinson supplies. This appears to be some sort of forging or casting construction. The Hutchinson-supplied units are a malleable iron stamping kind of construction.” J.A. at 603.

Even though the initial discovery revealed: that the PTO shaft was neither supplied by Hutchinson nor produced by G & G; that Mr. Mann’s initial point of contact with the PTO shaft was the uncovered end of the shaft; and that Mr. Mann fully appreciated the risks of operating an unguarded PTO shaft, plaintiffs’ counsel filed an amended complaint on June 14, 1985, naming G & G as a co-defendant in their action against Hutchinson (collectively “defendants”).

On October 22, 1985, G & G answered plaintiffs’ complaint. On November 14, 1985, plaintiffs noticed the deposition of several G & G officials. G & G protested the scope and location of the depositions requested by plaintiffs’ counsel. To prepare for the depositions, James Hergert, G & G’s Product Safety Representative, traveled from Omaha, Nebraska to Constantine, Michigan to inspect plaintiffs’ auger. After the January 21, 1986 inspection, Mr. Hergert explained to plaintiffs’ counsel that no part of plaintiffs’ PTO shaft had been manufactured by G & G. Instead, it had been “cannibalized,” or assembled from parts of several different PTO shafts. G & G’s counsel requested that either Mr. Hergert be deposed in Constantine or that plaintiffs accept his sworn affidavit in lieu of a deposition. Plaintiffs' counsel demanded that Mr. Hergert be deposed in Omaha.

On January 22, 1986, plaintiffs’ counsel received a letter from G & G’s counsel, seeking to avoid the unnecessary expense of an Omaha deposition. In the letter, G & G’s counsel outlined Mr. Hergert's anticipated testimony that the PTO shaft was not a G & G product. G & G’s counsel also explained that the depositions of its witnesses would be limited to whether G & G designed, manufactured or distributed the subject PTO shaft. Finally, G & G’s counsel warned that since Mr. Hergert’s statements clearly established that plaintiffs’ product liability action was not well grounded in fact, G & G intended to seek sanctions under Rule ll.3

Nevertheless, plaintiffs’ counsel deposed Mr. Hergert and Wayne Eipperle, G & G Vice-President for Research and Development, in Omaha. On January 29, 1986, both Mr. Hergert and Mr. Eipperle testified that the PTO shaft had not been designed, manufactured, or distributed by G & G.

On March 10, 1986, plaintiffs’ counsel moved to compel discovery beyond the limits set by G & G.

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